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INDIANA 



STATE LIBRARY 



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in 2010 with funding from 
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JOURNAL 



OF THE 



INDIANA STATE SENATE, 



DURING THE 



CALLED SESSION 



OF THE 



GEMRAL ASSEMBLY, 



COMMKNCINO MONDAY. NOVEMBKR 13, 186; 



INDIANAPOLIS: 
W. R. noLLOWAY, STATE PRINTER, 

1865. 



.^ f 



MDIANA STATE LIBR/UIY 



JOURI^AL 



OF THE 



SENATE OF mDIAl^A 



OALLED SESSION 



MONDAY, November 13, 1865. 

T!hs Senate met at 2 o'clock, P. M., in their Chamber, in pursu- 
ance of the following Proclamation of His Excellency, the Governor : 

Executive Department of Indiana. 

Whereas, The -Constitution of the State of Indiana empowers the 
Governor thereof, whenever, in his opinion, the public welfare shall 
require it, to convene the General Assembly in Special Session : 

Therefore, I, Oliver P. Morton, Governor, do hereby convene the 
General Assembly of said State, and require the members thereof to 
meet in their respective Halls in the State House, in the City of 
Indianapolis, at 2 o'clock, P. M., on Monday, the 13th day of Novem- 
ber, 1865. 

Done at Indianapolis, this 13tii day of September, A. 
[seal.] D., 1865. 

Hj the Governor, 

0. P. MORTON. 
Attest: 

NELSON TEUSLER, Secretary of State. 



Lieutenant Goyernor Baker called the Senate ta order, and direct- 
ed the Secretary to call the roll. 

The roll was then called, and the following Senators answered to- 
their names : 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bradley, 
Brown of Hamilton, Brown of Wells, Cason, Cobb, Corbin, Cullen^ 
Culver, Douglas, Dunning, English, Finch, Fuller, Gifford, Hanna, 
Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken, Moore, 
Newlin, Noyes, Oyler, Richmond, Staggs, Terry, Thompson, Van 
Buskirk, Vawter, Ward, Williams, Woods and Wright — 41. 

The Hon. Thomas Reagan, elected to fill the unexpired term of 
Milton Peden, late Senator from Henry county, appeared, presented 
his credentials, and was sworn in by the President. 

Mr. Cason offered the following resolution : 

Resolved, That the Senate do now proceed to elect by ballot a 
Secretary, Assistant Secretary, and Doorkeeper of the Seaate, these 
offices being hereby declared vacant, and that the election proceed iu 
the order named. 

On motion by Mr. Cassn, 

His resolution was made the special order for to-morrow morning 
at 9 o'clock. 

The following message from the Hou^e was presented by the 
Clerk : 

Mr. President: ,.11...: 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has organized under the Proclamation of the Gov- 
ernor, and is now ready to proceed with the legitimate business of 
the session. 

Mr. Bennett offered the following resolution : 

Resolved, That the President of the Senate appoint a committee 
of three Senators w'~ose duty it shall be to confirm the employment 
of ail assistants to the officers of the Senate, and that no person shall 



•1>e allowed to draw pay for services as such assistant, unless his em- 
ployment is authorized by such committee. 

Mr. Vawter moved to amend as follows : 

Strike out from the resolving clause, and insert in lieu thereof : 
^' That the Senate will elect a Principal Secretary, whose salary for 
this session shall be one thousand dollars ; and one Assistant Secre- 
tary, whose salary for this session shall be one thousand dollars; and 
one Doorkeeper, whose salary for this session shall be one thousand 
-dollars, and that no allowance whatever shall be made for assistants 
to either of said officers. ■ . 

Mr. Gullen moved to lay the amendment on the table. 

The yeas and nays being demanded by Messrs. Vawter and Doug- 
las, 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Oason, Cullen, Culver, Dunning, Fulles-, Hyatt, Milliken, Noyes, 
Oyler, Reagan, Richmond, Terry, Thompson, Van Buskirk, Ward, 
Woods and Wright— 22. 

Those who voted in the negative were, 

Messrs, Barker, Bradley, Brown of Wells, Cobb, Corbin, Douglar j 
English, Finch, Giffbrd, Hanna, Herd, Jink-ens, Marshall, McClurg, 
Mason, Moore, Newlin, Staggs, Vawter and Williams — 20. 

So the resolution was laid on the table. 

On motion by Mr. Brown of Wells, 

The further consideration of the subject was postponed until two 
*o' clock to-morrow afternoon. 

Mr. Dunning offered the following : 

Mesolved, That the House of Representatives be informed that the 
Senate is ready to receive any communication that His Excellency, 
the Governor, may wish to make to the two Houses, and that a com- 
mittee of two be appointed to wait upon His Excellency. 

Which was adopted by consent, and Messrs. Dunning and Wright 
^ere appointed as said committee. 



Mr. Williams offered the following, which was adopted : 

Resolved, That all Senators having selected seats at the last ses- 
sion of the General Assembly are entitled to retain them, if they 
should so desire, during the present session. 

Mr. Vawter asked and obtained leave of absence for two or three 
days. ,. • . ' • . • ' 

Mr. Cullen asked and obtained leave of absence for Mr. Downey 
tiHtil the latter part of the weet. . 

Mr. Cullen offered the following: 

■' Resolved, That the present acting Doorkeeper be authorized to pro- 
cure, for the use of Senators, three copies each of the Indianapolis 
Daily Herald, Indiana State Journal, Evening Gazette, Daily Tele- 
graph and Volksblatt ; two copies of each to be wrapped and stamped 
and ready for mailing. 

Mr. Bennett moved to amend, by way of substitutes as follows : 

Resolved, That the Doorkeeper be authorized to contract with the 
publishers of the "Indianapolis Journal" and the "Indianapolis 
Herald" for one hundred and sixty-five copies each, of their Daily 
papers, for the use of the Senate during the present session, and that 
two-thirds of the copies of each of said papers be folded and stamped 
ready for mailing : Provided, Such papers are furnished at the prices 
paid by regular subscribers : And provided further, That the said 
contract may at any time be rescinded by the Senate in case said 
papers do not publish the full proceedings of this session of the Legis- 
I:\ture. Said copies of such papers to be distributed by the Door- 
keeper as follows : To the President of the Senate, three copies 
of each ; to each Senator and elected officer of the Senate, three oi 
each : and that the Doorkeeper furnish the Chairman of the Commit- 
tee on Finance a copy or statement of such contract. 

Mr. Cullen moved to lay the amendment on the table. 

The yeas and nays being demanded by Messrs. Cullen asd Bennett, 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Brown of Hamilton, Brown of 
Vy'ells, Cason, Cullen, Culver, Dunning, Finch, Gifford, Hanna, Hord, 



Marshall, McClurg, Mason, Newlin, Oyler, Reagan, Staggs, Terry. 
Thompson, Vawter, Ward and "Wright — 25. 

Those who voted in the negative were, 

Messrs. Beeson, Bennett, Bradley, Cobb, Corbin, Douglas, Eng- 
lish, Fuller, Jinkens, Milliken, Moore, Yan Buskirk, Williams and 
AVood — 15. 

So the amendment lies on the table. 

Mr. Brown of Wells, offered the following as a substitute : 

Resolved, That the Doorkeeper of the last session be authorized 
to contract with the publishers of the following papers : Daily Jour- 
nal, Herald, and Telegraph for three copies of each for each member 
and elective officer of the Senate, two of said copies wrapped and 
stamped for mailing ; also, two copies of the Volksblatt (wrapped 
and stamped for mailing) for each member and elective officer of the 
Senate, said contract to be rescinded at pleasure. 

Mr. Cullen moved to lay the substitute on the table. 

The yeas and nays having been demanded by Messrs. Corbin and 
Vawter, they were ordered, and, being taken, resulted as follows : 

Those who voted in the affirmative were, 

Messrs. Allison, Bonham, Brown of Hamilton, Cason, Cullen, Cul- 
ver, Dunning, Finch, Hanna, Hord, Hyatt, Jinkens, McClurg, Mason. 
Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Vawter and 
Ward— 22. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Bennett, Bradley, Brown of Wells, Cobb, 
Corbin, Douglas, English, Fuller, Gifford, Marshall, Milliken, Moore, 
Xewlin, Staggs, Van Buskirk, Williams, Woods and Wright — 20. 

So the substitute lies on the table. 

Mr. Bennett moved to strike out of the original resolution the 
name of every newspaper except the " Herald " and " Journal." 



8 

The yeas and nays being demanded by Messrs. Thompson and 
Brown of Wells, ., r 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bradley, Brown of 
Wells, Cobb, Corbin, English, Finch, Fuller, Hyatt, Jinkens, Milli- 
ken, Moore, Noyes, Reagan, Richmond, Staggs, Terry, Van Buskirk, 
Vawter, Williams and Woods — 24. 

Those who voted in the negative were, 

Messrs. Barker, Brown of Hamilton, Cason, Cullen, Culver, Doug- 
las, Gifford, Hanna, Hord, Marshall, Mason, McClurg, Newlin, Oyler, 
Thompson and Ward — 16. 

So the amendment was adopted. 

Mr. Cullen moved to postpone the further consideration of the sub- 
ject until Wednesday at 3 o'clock. 

Mr. Bennett moved to lay the motion to postpone on the table. 

The yeas and nays being demanded by Messrs. Cullen and Thomp- 
son, 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bradley, Cason, 
Cobb, Corbin, Culver, Dunning, English, Finch, Fuller, Gifford, Hyatt, 
Jinkens, Marshall, Mason, McClurg, Milliken, Moore, Newlin, Noyes, 
Oyler, Reagan, Richmond, Staggs, Terry, Van Buskirk, Williams, 
Woods and Wright— 33. 

Those who voted in the negative were, 

Messrs. Brown of Hamilton, Brown of Wells, Cullen, Douglas, 
Hanna, Hord, Thompson and Ward — 8. 

So the motion lies on the table. ' 

The question then recurring on the adoption of the resolution as 
amended. 

The yeas and nays being demanded by Messrs. Thompson and 
Cullen. 



Those who voted in the affirmative were, 

* Messrs. Allison, Bennett, Bonham, Bradley, Brown of Wells, Ca- 
son, Cobb, Corbin, Douglas, Finch, Fuller, GifFord, Hord, Hyatt, 
McClurg, Mason, Milliken, Moore, Oyler, Reagan, Richmond, Stagga, 
Terry, Van Buskirk, Ward and Wright— 26. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Brown of Hamilton, CuUen, Culver, Dun- 
ning, English, Hanna, Jinkens, Marshall, Newlin, Noyes, Thompson, 
Williams and Woods — 15. 

So the resolution was adopted. 

The following message was received from the House of Represen- 
tatives : 

Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has concurred in the resolution of the Senate, 
calling for a joint committee to wait upon His Excellency, tho Gov- 
ernor, and inform him of the organization of the General Assembly, 
and that the Speaker has appointed Messrs. Henricks, Brown and 
Stringer such committee on the part of the House. 

Mr. Dunning submitted the following report : 

Mr. President : 

The committee appointed to wait upon the Governor, and learn 
when it will suit his convenience to deliver his Message to the Gene- 
ral Assembly, would beg leave to report that they, with a like com- 
mittee on the part of the House, have conferred with His Excellency, 
and that he has designated to-morrow morning, at 10 o'clock, as the 
hour when he will deliver the same. 

The following message was received from the House of Represen- 
tatives : 

Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following resolution, to- wit : 



10 

Resolved, That a committee of three, on the part of the House of 
Representatives, be appointed to act with a like committee on the 
part of the Senate, to invite some regular Minister of the Gospel to 
attend and open with prayer the session of the Legislature, immedi- 
ately preceding the delivery of the Governor's Message, and that 
Messrs. Stuart, Church and Ferris was appointed such committee on 
the part of the House. 

On motion by Mr. Van Buskirk, 

This message was taken up, the House resolution concurred in, and 
a similar committee authorized and appointed on the part of the Sen- 
ate, viz. : Messrs. Van Buskirk, Cobb and Beeson. 

Mr. Mason offered the following : 

Resolved, That a committee of three Senators be appointed by the 
President of the Senate to consider and propose the best and cheap- 
est plan to supply the members of this Senate with stationery during 

this session. 

Mr. Bennett offered the following by way of substitute : 

Resolved, That the President of the Senate, for his own use; that 
each Senator, for his own use ; that each elected officer of the Sen- 
ate, for his own use, and that of his appointees ; and that each Chair- 
man of a committee, for the use of his committee, be, and are hereby, 
authorized to procure from the State Librarian such stationery as 

they may severally desire, not exceeding in value the sum of 

dollars each, for the entire session, upon their own order; that for 
the use of the Senate, the Pincipal Secretary of the Senate shall pro- 
cure from the State Librarian, upon his order, approved by the Pre- 
sident of the Senate, such stationery as may be needed to transact 
the business of the session. And the said Librarian shall keep a 
strict account of all stationery for such purposes by him purchased, 
and to whom issued ; and three days before the close of the present 
session he shall report to the Senate the amount purchased, from 
whom, and at what price, and, also, a list of persons to whom issued, 
and the amount in value drawn by each ; and for the purpose of keep- 
ing such account he may employ a Clerk. 

Mr. Thompson moved to fill the blank with " fifty cents." 
Mr. Cullen moved to fill the blank with " twenty-five dollars." 



II 

Bir. Van Buskirk moved to fill the blank with " fifteen dollars." 

On motion by Mr. Brown of Wells, 

The resolution and pending amendments were referred to a selest 
committee of three, with instructions to report thereon to-morrow. 

The Lieutenant Governor makes the committee to consist of Messrs. 
Brown of Wells, Mason and Oyler. 

On motion by Mr. Woods, 

The Senate adjourned till to-morrow morning at 9 o'clock. 



TUESDAY MORNING, 9 o'clock:, [ 
November 14, 1865. j 

The Senate met according to adjournment, and the journal of yes - 
iCrday was read and approved. 

Mr. Hanna submitted the following : 



Ii^DiAHAPOLis, Indiana, ] 
November 14; 1865. / 

Hon. CoNPiAD Baker, 

President. State Senate: 

Sir : — I hereby resign the position of Principal Secretary of the 
Senate, to which I was elected at the last regular session of the 
General Assembly. 

Very respectfully, 

A. T. WHITTLESEY. 

Whereupon, by consent^ the Senate accepted sai-Fresignation. 



12 

Mr. Cobb submitted tbe following : , 

Indianapolis, Indiana, \ 
November 14, 1865. j 

Hon. Conrad Baker, 

President of the Senate : 

I hereby resign my position as Assistant Secretary of the Senate. 
Very respectfully, 

JACOB S. BROADWELL. 

There being no objection, the resignation was accepted by consent 

On motion of Mr. Cullen, 

The special order, being the resolution offered yesterday, by Mr, 
Cason, to go into the election of officers of the Senate, was taken up. 

Mr. Brown, of Wells, offered the following substitute : 

Resolved, That without intending to establish any precedent for 
the organization of the Senate for special sessions, a committee of 
three Republicans and three Democrats, be appointed as a Committee 
of Conference, to select officers for the organization of the Senate at 
the present session. 

Mr. Terry moved to lay the substitute on the table. 

The ayes and noes being demanded by Messrs. Brown, of Wells, 
and Cason, 

These who voted in the affirmative were, 

Messrs, Allison, Beeson, Bennett, Bonhara, Brown of Hamilton, 
€ason. Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt 
Milliken, Niles, Noyes, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, AVard and Wright— 23. 

Those Avho voted in the negati e were, 

Messrs. Barker, Bradley, Brown of Wells, Carson, Cobb, Corbin, 
Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, Jinkens, 
McClurg, Mason, Moore, Newlin, Staggs, and Williams. — 20 

So the substitute was laid on the table. 



13 

Mr. Brown, of Wells, offered the following by way of substitute : 

Whereas, The Senate is equally divided as to political parties^ 
Therefore, 

Resolved, That the election of oflBcers, and appointments, be 
equally distributed between the two parties, so far as the same may 
be practicable. 

Mr. Bonham moved to lay it on the table. 

The ayes and noes being demanded by Messrs. Hanna and Newlin 

Those tvho voted in the affirmative ivere, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton^ 
Cason, Chapman, CuUen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milliken, Niles, Noyes. Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Ward, Woods, and Wright — 24 

Those ivho voted in the negative were, 

Messrs. Barker, Bradley, Brown of Wells, Carson, Cobb, Corbin,. 
Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, Jinkens> 
McClurg, Mason, Moore, Newlin, Staggs, and Williams — 20. 

So the substitute was laid on the table. 

Mr. Brown, of Wells, offered the following : ' 

Whereas, There is not a full Senate this morning, therefore 

Resolved, That the organiaation of the Senate be postponed unti^ 
to-morrow morning. 

Mr. Cullen moved to lay it on the table. 

Messrs. Cullen and Brown demanded the Ayes and noes. 

Those ivho voted in the affirmative i&ere, 

Messrs. Alliso^^ Beeson, Bennett, Bonham, Brown of Hamilton^ 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hord,, 
Hyatt, Milliken, Niles, Noyes, Reagan, Richmond, Terry, Thompson^ 
Yan Buskirk, Ward, Woods, and Wright — 24. 



14 

Those who voted in the negative were, 

3Iessr.s. Barker, Bradley, Brown of Wells, Carson Cobb, Corbia 
Douglas, English, Finch, Fuller, Gifford, Hanna, Jinkens, Marshall, 
McClurg, Mason, Moore, Newlin, Staggs, and Williams — 20. 

So the motion to postpone lies on the table. ■' '■ 

Mr. Dunning moved to go into the election of officers. 
Which was agreed to. ■ '■ * 

Nominations being in order, 

Mr. Dunning nominated 0. M. Wilson, of Marion county, for Pnn- 
'cipal Secretary of the Senate. 

Mr. Hord nominated Beatty McClelland, of Bartholomew county. 

There being no further nominations, the roll was called with th« 
following result : 

Those ivho voted for Mr. Wilson were, 

Messrs. Allison, Beeson. Bennett, Bonham, Brown of Hamilton 
€ason, Cliapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milliken, Niles, Noyes, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Ward, Woods and Wright — 24. 

Those tvho voted for Mr. McClelland tvere, 

Messrs. Barker, Bradley, Brown of Wells, Carson, Cobb, Corbin, 
Douglas, English, Finch, Fuller,* Giftord, Hanna, Hord, Jinkens, 
Marshall, McClurg, Mason, Moore, Newlin, Staggs and Williams — 21. 

Mr. Wilson was declared duly elected, and, on motion by Mr. 
Dunning, he was sworn into office^ljy the] President of the Senate. 

Nominations for Assistant Secretary being next in order, 

Mr. Bennett nominate d Azil P. Newkirk, of Marion county. 

Mr. Hanna nominated John Dowling, of Vigo c<*unty. 

There being no further nominations, the roll was called, with the 
fdilowii^g result : 



15 

Tliose who voted for Mr. NetvJcirk, were, 

Messrs. Allison, Beeson, Bennett, Bouham, Brown, of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyat, 
Milliken, Niles, Noyes, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Ward, Woods and Wright— 24. 

Those who voted for Mr. Dowling, were, 

Messrs. Barker, Bradley, Brown, of Wells, Cason, Cobb, Corbin, 
Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, Jinkens, 
Marshall, McClurg, Mason, Moore, Newlin, Staggs and Williams— 
21. 

The President declared Mr. Newkirk duly elected, and he was 
accordingly sworn faithfully to discharge the duties of his office. 

Nominations for Doorkeeper being next in order — 

Mr. Cullen nominated S. G. Thomson, of Wabash county. 

Mr. Mason nominated Jonathan Dunbar, of Hancock county. 

There being no further nominations, roll was called, with the fol- 
lowing result : 

Those who voted for Mr. Thompson, were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown, of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milliken, Niles, Noyes, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Ward, Woods and Wright— 24. 

Those who voted for Mr. Dunbar ivere, 

Messrs. Barker, Bradley, Brown, of Wells, Carson, Cobb, Corbin, 
Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, Jinkens, 
Marshall, McClurg, Mason, Moore, Newlin, Staggs and Williams 

1 

The President declared Mr. Thompson duly elected Doorkeeper of 
the Senate. 

Mr. Thompson then appeared, was duly sworn into ^office, and 
entered upon the discharge of his duties. 



w 

A message from the House of Representatives, by Mr. Nixon, 
their principal Clerk : 

Mr. President: ''''' ' ' ■ ' ■■• 

I am directed by the House of Representatives to invite the Sen- 
ate to attend, forthwith, in the hall of the House, where seats have 
been prepared for them, to hear the Message of His Excellency, the 
Governor. 

On motion by Mr. Brown, of Wells, 

The Senate accepted the invitation of the House, and thereupon 
Senators repaired to the House of Representatives, and took seats 
upon the right of the Speaker's desk. 

The President of the Senate thereupon called the Joint Session to 
order, when the same was opened with prayer by the Rev. Mr. 
Holliday, when ' 

Governor Oliver P. Morton delivered the following Message : 
Genllcmen of the Senate and House of Representatives : 

The Constitution^^provides that, if in the opinion of the Governor 
the public welfare shall require it, he may at any time, by proclama- 
tion, call a special session of the General Assembly. The provision 
of the organic law of the State rendering the regular sessions of the 
Legislature biennial, and limiting them to the term of sixty-one days, 
the condition of parties in this State during the last four years, and 
the public excitement incident to a state of war, unfitting, as it did, 
to some extent, the minds of men for the calm consideration of sub- 
jects of ordinary legislation, have all contributed to prevent the 
adoption of legislative measures which the progress of the State and 
the welfare of the people would seem to demand. 

At the last session of the General Assembly many important bills 
were introduced, but failed in the different stages of their progress 
for want of time to perfect and pass them. That the time spent on 
these unperfected measures might not be lost to the public, an act 
was passed providing that the business of any regular or special ses- 
sion of the General Assembly, on the calender or files of either House, 
and remaining unfinished at the expiration of such session, shall, at 
the next succeeding special session of the same General Assembly, 
be transferred to the calendar of the House in which it was pending. 



17 

En th^ same order in which such business stood at the termination of 
such regular or special session, and shall be taken up and disposed 
of in the same manner it might have been taken up and disposed of 
at such preceding regular or special session. The considerations 
before mentioned, the fact that the unfinished business of the last 
session, upon which much intelligent labor had been bestowed, could 
only be saved by re-convening the General Assembly in special ses- 
sion, and the belief that measures of vital importance demanded leg- 
islative action before the time fixed for the next regular session, have 
caused me to issue the proclamation, in pursuance of which you are 
now assembled, 

THE PUBLIC DEBT. 

The amount of the public debt of the State, consisting of two and 
a-half and five per cent, registered stocks, is seven million four hun- 
dred and eighteen thousand nine hundred and sixty dollars and fifty 
cents, ($7,418,960 50). Of this amount the sura of five millions 
three hundred and forty-two thousand five hundred dollars ($5,342,- 
500) is five per cent., and the sum of two millions seventy-six thou- 
sand four hundred and sixty dollars and fifty cents ($2,076,460 50) 
is two and a-half per cent, stock ; that is, stocks upon which interest is 
paid at these rates. 

Of these stocks the Board of Commissioners of the Sinking Fund 
have purchased and now hold the sum of four hundred and forty-six 
thousand six hundred and seventy-two dollars and sixty-seven cents 
($446,672 67) of the five per cents, and the sum of fifty-one thousand 
two hundred and seventy-two dollars and fifty cents ($51,272 50) of 
the two and a-half per cents. 

The State Debt Sinking Fund has purchased and now holds seven 
hundred and eighty-eight thousand and thirty-five dollars ($788,035) 
of the five per cents, and ninety-six thousand nine hundred dollars 
(96,900) of the two and a-half per cents. 

The aggregate amount of what the State holds, through these two 
funds, is one million two hundred and thirty-four thousand seven 
hundred and seven dollars and sixty-sevea cents ($1,234,707 67) of 
the five per cent, stocks, and one hundred and forty-eight thousand 
one hundred and seventy-two dollars and fifty cents ($148,172 50) 
of the two and a-half per cents ; in all, one million three hundred and 
eighty-two thousand eight hundred and eighty dollars and seventeen 
cents, ($1,382,880 17), leaving outstanding in the hands of the credi- 
tors of the State the amount of six millions thirty-six thousand and 
S. J.— 2 



18 

eiglir}'- dollars and thirty-three cents, (!^G,036,080 33,) of Tvbicli i'onr 
millions one hundred and seven thousand seven hundred and ninety- 
two dollars nnd thirty-three cents (.$4,107,792 33) are five per cents, 
and one million nine hundred and twenty-eight thoustind two hundred 
iinil eighty-eight dollars (§1,028,288) are two and a-half per cents. 

The face of the stock, or the certificates of indebtedness, provide 
that ''this stock is redeemable at anytime after twenty years from the 
19th day of January, 1846, at the pleasure of the State ; and until 
redeemed is transferable upon surrender in the city of New York, 
in books provided for that purpose by the Agent of State, there 
resident, by endorsement thereon, and according to such other rules- 
and forms as are or may be prescribed for that purpose. And for the 
payment of the interest and redemption of the principal aforesaid^ 
the faith of the State of Indiana is irrevocably pledged." 

The twenty years referred to will expire on the 19th day of Janu- 
ary next, and the question first to be considered is whether these 
stocks fall due at that time, and whether the contract made by the 
State requires that payment shall be made on that day. By some it 
has been urged that the words " at the pleasure of the State,"' are to be 
treated as surplusage, and the money held to fall due precisely at the 
end of the twenty years. In support of this view it is argued that 
because a State can not be compelled to pay her debts by legal process, 
tiie payment will in all cases be "at the pleasure of the State." I 
fail to perceive the force of this, and must hold that the language in 
question means just what it says, that the State may consult her own 
convenience as to the time of making payment, unless there is some- 
thing in the history of the transaction, out of which this form of 
indebtedness sprang, or something contained in the law creating it^ 
which requires that a different construction should be put upon the 
language. The naked legal effect of the instrument, if not modified 
by history or provisions of the statute creating it, I take to be this : 
That until the end of the twenty years the State has no right to require 
the creditors to take their money, and thus stop the payment of the 
interest, but that the money was to be paid at some time after the end 
of the twenty years, accordiiag to the pleasure and convenience of the 
State, But this pleasure of the State must be reasonably exercised, 
so as not to defeat the payment of the principal sum absolutely. The 
construction I have heard contended for, that the State may defer the 
payment of the principal twenty-five, fifty, or one hundred years, or 
in fact forever, provided the interest is promptly paid, can not be 

aintained; for that would be to defeat the operation of the conclu- 



19 

ding sentence of the instrument, above quoted, which solemnly pledges 
the good faith of the State for the payment of the principal «s Avell 
as the intoi-est. This solemn pledge would be a nullity if the State 
was at li])ertv to defer the payment of the principal forever, or indefi- 
nitely, by the prompt payment of the interest. 

The next question to be considered is, whether there is anything 
in the statutes creating this stock, or in the h. story of the whole 
transaction, showing the intention of the parties as to the time when 
the principal should be paid, or pointing to a period beyond which 
the State would have no right to defer its payment. 

On the 1st of July, 184G, the State was indebted upon bonds issued 
and sold for purposes of internal improvement, in the sum of eleven 
millions and ninety thousand dollars, (!? 11,000,000). On these bonds 
the interest had not been paid since 1841. The interest due and in 
arrears amounted to three millions fifty-five thousand four hundred 
and thirty dollars, (S3,055,430). 

These bonds were issued between the years 1832 and 1S42, were 
of different denominations, and were to run for twenty-nve and thirty 
years, and bore interest at the rate of five, six, and seven per centum 
per annum, payable semi-annually, for wdiich there were coupons 
signed and attached to the bonds. The State finding herself unable to 
pay the interest on her indebtedness, accepted of a proposition made 
by her creditors, the details of which will be found embodied in the act 
of January, 1846, and the supplementary act of January, 1847, which, 
taken together, constitute what is generally known as the " Butler 
bill." By the compromise and settlement, as finally concluded in the 
supplemental act of 1847, the Wabash and Erie Canal, together with 
the lands which had been granted to the State to aid in its construc- 
tion, were transferred, the canal in perpetuity, and the lands in fee 
sim.ple, to certain trustees in trust for the bondholders, in absolute 
payment and discharge of one-half the principal and accrued interest 
of the debt, which half thenceforward and forever ceased to be a lia- 
bility against the State or a charge upon her revenues. The bond- 
holders, upon their part, agreed to make such additional subscriptions 
as might be necessary to complete the canal to Evansville, estimated 
at eight hundred thousand dollars, (.^800,000), which condition w^as 
complied with on their part, and the Canal so completed. For the 
other half of the debt, principal and interest, the State was to isfue 
to the bondholders certificates of indebtedness or stock. Upon such 
stock, issued for the principal sura, the State was to pay int^trcst at 
the rate of five per cent, per annum, semi-annually. The interest in 



20 

arrears from 1841 to 1847 was funded, and interest on the aggregate 
thus funded was calculated at the rate of two and a half per cent. 
per annum from January 1, 1847, to January 1, 1853, and added to it, 
and for the whole amount stocks were issuid, bearing interest at the 
rate of two and a half per cent, per annum from the 1st day of Jan- 
uary, 1853, payable semi-annually. The arrangement was a compli- 
cated one, involving many details which it is not necessary to give 
here, and I shall only present a very brief outline. 

The act of 184G was, in many important respects, modified and 
amended by the supplementary act of 1847, and the two together 
constitute the basis and consideration upon which the creditors re- 
leased the State from all liability for one-half the principal and inter- 
est of the debt. 

The first section of the act of 1846 concludes in these words : 
" And provided further, That if the revenues of the State, up to 
the first day of January, 1853, to be derived from a property tax of 
twenty-five cents on every one hundred dollars of value, and a poll 
tax of seventy-five cents, shall not, by reason of the taxes being paid 
in six per centum treasury notes, or from other causes, be sufficient, 
after defraying the current expenses of the Government, to pay said 
rate of interest of two per centum, then and in that case, the State 
shall only be required to pay, up to said first day of January, 3 853, 
such rate of interest as the par funds in her treasury, derived from 
the taxation aforesaid, shall enable her to do ; which shall be paid 
and distributed, pro rata, on the principal specified in such certificate 
of stock, and the deficit, with six per centum interest per annum from 
the time it became due, the State shall and will m.ake up and pay to 
the holders of such certificates on or by the first day of January, 
1853." 

It will be perceived that this section does not, in direct terms, make 
a levy of twenty-five cents on every one hundred dollars of value, and 
of seventy-five cents on each poll ; but it evidently proceeds upon the 
hypothesis that such a tax shall be levied and continued for a series of 
years. The act, of which this section is a part, was reported to the 
Legislature by the Hon. Henry Secrest, Chairman of a Special Joint 
Committee, to whom the subject had been referred. He accompanied 
the bill with a report from the Committee, from which I extract the 
foilowing passage : 

" By reference to the tables appended to the second proposition 
of Mr. Butler, it will be seen that, if the taxables in the State shall 
increase at the rate of $6,000,000 a year in value, (which is a mod 



21 

erate estimate), a tax of twenty-five cents on the hundred dollars, 
and seventy-five cents poll, will afi"ord the means of paying the State 
expenses, absorbing all the six per cent, treasury notes, and paying 
two per cent, interest upon the public debt up to the year 1853; and 
from and after that time paying the State expenses and two and a-half 
per cent, upon the entire funded debt of the State, including back 
interest and deficiencies of interest; and not only so, but that the 
proceeds of the same tax would, in addition, produce an annually in- 
creasing surplus, to be set apart for the absorption of the principal 
of the public debt; which surplus, for the single year 1860, would 
be about ^140,000.'-' 

From this it clearly appears to have been contemplated by the 
Committee that a continuing tax of twenty-five cents on every one 
hundred dollars, and seventy-five cents poll, was to be assessed for 
the payment of the principal and interest of the debt, and reference 
is made to certain tables which had been prepared by Mr. Butler, 
going to show what would be accomplished by such a tax, estimating 
the increase of the polls to be six thousand per year, and the increase 
of taxable property at six raillions of dollars per year, and carrying 
the calculation as far down as 1860. Mr. Butler's calculation, how- 
ever, turned out to be greatly erroneous, inasmuch as the ordinary 
expenses of the State Goveanment were estimated too low, and the 
increase of taxable property from 1846 to 1864, averaged nearly 
twenty-one millions of dollars, instead of only six millions per annum. 
On the next day after the passage of this bill, and apparently in pur- 
suance of its provisions, the Legislature passed an act making a gen- 
eral levy, for State purposes, of seventy-five cents poll, and twenty- 
five cents on each one hundred dollars' worth of property. 

In the supplementary act of the next year, 1847, the following 
provision will be found contained in the fourteenth section : 

" And whereas, doubts have been suggested on the part of some 
such last mentioned persons, (foreigners holding bonds), in respect of 
the matters hereinafter mentioned or referred to, which doubts may 
operate prejudicially to the operations contemplated by the said reci- 
ted act, and it is therefore expedient that the same be removed ; now, 
to demonstrate the good faith of the State of Indiana, and for the re- 
moval of all such doubts as aforesaid, and with the view to create 
general confidence in the arrangement made in the said recited act by 
the State for the liquidation of its debt : 

" Be it enacted, That the tolls, revenus and profits, of the said 
Canal and its appurtenances, present and future, and the moneys to 



22 

arise and be collected by and from the sales of the land and premises 
contiguous thereto, and in the said act more particularly mentioned 
and described, and the per&onal taxes to be levied toward the payment 
of the said debt, as in the said act also mentioned, and the receipt 
and application thereof for that purpose, as in the same act is also 
provided, shall remain and be inviolate and in full force, and the pay- 
ment of the principal moneys and interest on the certificates and 
stock intended to be created pursuant to tiie said act, and this act, 
and all certificates and evidences of the title thereof, respectively, 
shall be and continue effectual and inviolate by the means aforesaid, 
until the objects and purposes of the said act, and this present act, 
shall be fully accomplished." 

The only taxes referred to in the act of 1846, were the seventy- 
five cents poll and the twenty-five cents on the one hundred dollars 
W'Orth of property, and by this section the good faith of the State is 
solemnly pledged that the said taxes shall be maintained inviolate and 
in full force, and the proceeds thereof faithfully applied to the pay- 
ment of the principal and interest of the stocks created in pursuance 
of the act of 184G. The substance of this pledge, and of the under- 
standing entertained by the Legislature on the one hand, and the 
bondholders on the other, may be briefly stated as this: That a tax 
of seventy-five cents on each poll, and twenty-five cents on each one 
hundred dollars of property, should be continuously levied, and that, 
after defraying the ordinary expenses of the State Government, and 
paying the interest on the debt, the surplus proceeds should be ap- 
plied to the liquidation of the principal sum. 

The new Constitution, which was framed in 1850, three years after 
the passage of this act, contains the following provision : 

Section 2, Article X.: " All the revenues derived from the sale of 
any of the public works belonging to the State, and from the net 
annuiil income thereof, and any surplus that may at any time remain 
in the Treasury, derived from taxation for general State purposes 
after the payment of the ordinary expenses of the government, and 
of the interest on bonds of the State, other than bank bonds, shall 
be annually applied, under the dii-ection of the General Assembly, to 
the payment of the principal of the public debt." 

This provision evidently contemplates the speedy payment of the 
public debt, and the existence of an annual surplus to arise from gen- 
eral taxation for State purposes, and imperatively commands the 
annual application of such surplus to the liquidation of the public 
debt. 



2S 

To show the views entertained bj the committee who prepared the 
section, I will present in full the report by v.'hich it was accotnpauied 
when it was laid before the Convention : 

" The Committee on State Debt and Public Works, to whom was 
referred sundry resolutions, directing them to inquire into the expe- 
diency of appropriating all the re\enues derived from the sale of anj 
of the public works belonging to the State, and from the net income 
thereof, and also any surplus that m;iy at any time remain in the 
treasury derived from taxation for general State purposes, after the 
payment of the ordinary expenditures, have had the same under con- 
sideration, and having come to the conclusion that the entire debt of 
the State will be paid within fifteen years, by a continuation of the 
rate of taxation prescribed by law, have directed me to report the 
accomp'^nying section, to be engrafted in the new Constitution, and 
ask to be discharged from the further consideration of the suigects 
embraced in said resolutions." 

This report was submitted by Judge Hall, of Gibson county, one 
of the most eminent lawyers in the State, and is so exolicit in re^nird 
to the understanding of the committee that the tax was to be con- 
tinned^ and that it would pay the debt by 1865, that it leaves no room 
to doubt as to the purpose for which the constitutional provision was 
introduced. 

Afterwards, on the 25th day of January, 1851, this provision came 
wp in the Convention for consideration, when Mr. Howe, of Lao-rano-e 
offered to amend by adding the following clause, not as a substitute 
but additional : 

" That a specific tax of fifty thousand dollars, with an annual 
increase of five per cent., be levied for twenty-five years, and ex- 
pended each year in the purchase of our State bonds, unless the State 
debt is sooner paid off." 

In support of his araendmejit he used the following languM^e : 

"It is very probable that the present rate and method of taxarion 
guaranteed in what is commonly called the Butler Bill, will be ob- 
served ; but even if tha/t taxation affords a fund for the payment of 
the debt, this will enable us to pay it off sooner. Besides our pabiic 
debt was contracted chiefly for the benefit of property, and property 
should pay it. 

Mr. Borden then said: ■ i ,.^ •« '■ 

" I desire to make an inquiry of my friend from Gibson (Mr 
Hall), whether the sectioPx now under consideration provides tiint any 
overplus of the taxes arising from the imposition of twenty five cents 



24 

tax on the hundred dollars -ttaluation, shall be applied to the definite 
object of liquidating the principal of our outstanding State debt after 
the payment of the interest on the debt?" 
In answer to this question, Judge Hall said r 

" The arrangement, and only arrangement, with our bandholders,. 
was under the acts of 1846 and 1847, by which twenty-five cents on 
every hundred dollars worth of taxable property, and seventy-five 
cents poll tax, were pledged for the payment of the principal and 
interest of the public debt until it shall be entirely paid. According 
to a calculation made, if this system of taxation shall be continued, 
in eighteen years the entire public debt will be paid ofl". The com- 
mittee of which I am chairman, having charge of the subject,, believ- 
ing that there was a propriety in placing it beyond the power of the 
Legislature to violate the pledged faith of the State, instructed me te 
introduce a section providing that the twenty-five cents on each one 
hundred dollars of taxable pa^operty, and seventy-five cents poll taxy 
should be annually assessed until the debt was paid. This section 
was laid upon the table, and, I think, inconsiderately. I think the 
matter should be placed beyond the power of change by ths Legisla- 
ture." 

Mr. Borden then replied as follows : 

"Sir, on a previous occasion, I desired that this should be done; 
because I know that this is the vrish of the people I have been sent 
here to represent. They do no-t want the subject to be left with the 
Legislature. They are willing to carry out in good faith the arrange- 
ment made with the bondholders of the State, and to pay twenty- five 
cents tax upon every one hundred dollars valuation, until the State 
debt is extinguished ; and they desire that a clause shall be inserted 
in the Constitution which shall secure the application of this overplus 
to the extinguishment of the principal of the State debt." 

Mr. Stevenson then followed, opposing Mr. Howe's amendment, on 
the ground that taxes should not be levied in the Constitution, and' 
in conclusion used these words : 

" Sir, this attem.pt to levy an additienal tax upon the people by us 
is all 7'**onty. I believe there is virtue enough in the people to settle 
this matter through their representatives in the Legislature, and I 
m.uch prefer to leave it with that body." 

Mr. Walpole followed in a speech, opposing the adoption of the 
ori^Tinal section reported by the Comraitt e e, for the reason that be 



25 

irould do nothing to confirm the contract made by the State with the 
bondholders unless there was also a provision requiring the bond- 
holders to perform their part of the contract. 

Mr. Maguire followed in support of the original section as reported 
by the Committee, and referred with approbation to the calculation, 
showing that the then existing rate of taxation would pay the debt in 
fifteen or sixteen years, if the surplus was properly applied from year 
to year in the purchase of our stocks at the market value. 

Mr. Ritchie then moved to re-commit the section, with instructions 
to strike aut and insert that, ''the present rate of taxation, twenty- 
five cents on taxable property and seventy-five cents on each poll, 
shall be continued until the indebtedness of the State is fully liqui- 
dated." 

Mr. Ritchie then said : 

" I would remark that this is a transcript of the report of the Com- 
mittee on the subjcsct, and I have no doubt if this course is adopted 
that in some fifteen or eigliteen years the public indebtedness of the 
State will cease to exist. Under the action of the General Assembly 
we made this agreement Avith our bondholders in reference to the 
payment of the bonds they held, which constituted the public debt. 
The adoption of a proposition of this kind will not only increase the 
credit of the State, but do away with any suspicion that we have any 
disposition to repudiate the contracts we have made. We owe it ta 
our constituents that we should endeavor to erase the unjust aspersions 
east upon them in relation to this matter. And it is due also to our 
bondholders that we should repeat here, in this Convention, the action 
of the Legislature in the arrangement made by Avhich, in some fifteen 
years, we will rid our State of its public debt," 

Here the debate ended, and the original section was adopted, both 
amendments being laid upon the table. 

I have referred particularly to this debate to show the views enter- 
tained by the Committee reporting the Constitutional provision, and 
the understanding of the Convention at the time of its adoption. It 
seems clearly to have been understood by the Convention that the 
Butler Bill guaranteed the continuance of the tax of seventy- five 
cents on each poll and twenty-five cents on each one hundred dollars 
worth of property, until the debt was liquidated, and the main subject 
of discussion was whether this guarantee should be specifically incor^ 
porated into the Constitution. 



26 

If tne levy and continuance of a specified tax for the payment of 
the principal and interest of the debt was guaranteed in the original 
arrangement tnade by the Legislature with the creditors, it would be 
conclusive evidence that the State and the creditors were looking to 
the payment of the principal sum as well as the interest, and that 
the State could not, in good faith, indefinitely postpone the payment 
of the principal sum. 

But it is equally clear from Mr. Butler's calculations, that he did 
not expect that the taxes which were guaranteed would be sufficient 
to pay the debt by the 19th day of January. 1866, for, in fact, by his 
tables, the principal of the debt could not be paid before 1872 or 
1874, and when we take his tables in connection with the language of 
the certificate, " redeemable at any time after twenty years at the 
pleasure of the State," it is manifest that Mr. Butler had no assurance 
that the principal of the debt would be paid promptly at the end of 
the twenty years. 

It turned out, however, that the basis of taxati n was far more 
favorable to the speedy payment of the debt than was contemplated 
by Mr. Butler and the Legislature in 1846, for the average increase 
of taxable property, from that time until the present, has been, as be- 
fore statevi, nearly twenty-one millions of dollars per annum, instead 
of six millions. And a calculation which I have caused to be made, 
will show that if the guaranteed rates of taxation had been main- 
tained, there would be in the Treasury on the first day of January, 
186G, a surplus of four millions eight hundred and ten thousand sev- 
en hundred and four dollars and thirty-one cents, (^4,810,704 31.) 
after defraying the ordinary expenses of the State Government, and 
the interest on the debt from year to year ; and it is easy to show- 
that if this surplus had been applied from time to time, as it accrued, 
to the purchase of our stocks at their market value, the whole debt 
would have been paid by the 19th day of January, 1866. 

It was well understood by Mr. Butler arid the bondholders in 1846 
that these rates of taxation were all that the State was able to bear 
at -that time, or would be able to bear for many years, and the lan- 
guage of the certificates, making the principal payable " after the end 
of twenty years, at the pleasure of the State," shows that the Legis- 
lature entertained doubts whether the State would be able to pay 
promptly at the end of twenty years, and that they did not intend to 
place her in a situation where, if «he failed to make such payment, 
she would violate her contract, and stand before the world as repu- 
diating or bankrupt. 



27 

In 1852 the Legislature depavted from these rates of taxation, and 
reduced the levy to twenty cents ou each one hundred dollars worth 
of >3roperty, and fifty cents on each poll. This rate upon polls was 
continued until 1865, but the levy upon taxable property fluctuated 
from fifteen to twenty cents on the one hundred dollars from 1853 to 
1861. 

In 1852 the Legislature passed an act creating the State Debt 
Sinking Fund, and levying a tax of two cents on the one hr.ndred 
dollars '"for the reduction and ultimate extinction of the public 
debt.'' 

This Fund was placed under the control of tln-ee Commissioners, 
consisting of the Auditor, Treasurer and Agent of State, who were 
directed to invest the proceeds of the tax from time to time in the 
purchase of the two and a half and five per cent, stocks. The inter- 
est on the stocks thus purchased was to be paid semi-annually to the 
Coramissionors, who were to invest the same in similar stocks, and 
thus create a Sinking Fund for the ultimate redemption of the stocks 
created by the Butler Bill. 

In 1857 the Legislature failed to levy any tax for State purposes 
for the years 1857 and 1858, and for those two years no revenue was 
collected. In 1859 an act was passed instructing the Auditor of 
State to sell the stocks which had been purchased by the State Debt 
Sinking Fund to the Board of Commissioners of the Sinking Fund, 
in order to raise money to defray the ordinary expenses of the State 
Government, and to supply the deficiencies in revenue growing out 
of the failure to levy and collect taxes for the preceding two years. 
This act being held void for want of a title, the Board of Commis- 
sioners of the Sinking Fund refused to act upon it, but the Auditor 
of State treating it as an instruction, sold the stocks in open market, 
and put the money into the Treasury. At the regular session in 
1861, it was enacted, that for the year 1863, and every year therp- 
after, five cents be levied on each one hundred dollars' worth of pro- 
perty for the reduction and ultimate extinction of the public debt, to 
be used by the State Debt Sinking Fund Commissioners as before 
described, but at the extra session in the same year, an act was 
passed diverting this tax, and that for the years 1861 and 1862, from 
the State Debt Sinking Fund, to the payment of the War Loan, which 
had just been authorized, with a provision, however, that if the hold- 
ers of the War Loan Bonds would not sell them to the State at rates 
not exceeding their pai- value, the proceeds of the tax should be in- 



28 

vested in the stocks created by the Butler Bill, according to the 
terms of the original act creating the State Debt Sinking Fund. 

This legislative history, it must be admitted, is rather curious and 
contradictory, and comes short of performing the obligations which 
the State in 1846 entered into with her creditors. 

For this non-pyrformance, up to 1861, a valid excuse can hardly be 
found, but for what has happened since, the excuse is ample. The 
contingencies and necessities of war override all other considerations, 
and if they cause a failure in the strict performance of a contract, 
it would not subject a State to the imputation of being wanting in 
good faith. 

In view of the whole matter as I have presented it, the just con- 
clusion seems to be this — that while the State is not bound to pay the 
principal of this debt on the 19th day of January, 1866, or be con- 
sidered m default, yet that she is not at liberty to postpone the pay- 
ment of it indefinitely; that to do so would be to violate the fair 
construction of the certificate itself, and the explicit understanding 
that existed in the Legislatures of 1846 and 1847, and in the Con- 
vention of 1850, as shown by their several enactments and debates ; 
but that she is bound to make provision to pay the debt within such 
reasonable time after the twenty years as may comport with the 
original understanding of the parties, the ability and condition of the 
State, as left by the war, the faithful performance of her contracts, 
and the preservation of her good name. The whole subject is there- 
fore commended to your careful consideration, in the hope that your 
conclusion, whatever it shall be, may be announced before your final 
adjournment, so that the State and her creditors may know what they 
have to depend upon. 

As before shown, the amount of these stocks outstanding in the 
hands of our creditors and to be provided for, is six millions thirty-six 
tho.asand and eighty dollars and thirty-three cents (^6,036,080 33). 
The Auditor of State has furnished me a statement in which he 
estimates that there will be in the Treasury, on account of State 
Debt Sinking Fund, on the 1st day of May next, the sum of one 
million dollars (,$1,000,000). 

The Board of Commissioners of the Old Sinking Fund will prob- 
ably have on hand, in cash, on the 1st day of January, 1866, the 
sum of six hundred thousand dollars (.^600, 000. 

There is due also to the old Sinking Fund about nine hundred 
thousand dollars (|>900,000) on loans secured by mortgages on real 
estate, which, however, could not be made available for several years, 



29 

owing to the extension of time made by the State to the mortgagors, 
unless by the issue of a like amount of bonds bearing six per cent, 
interest, which is one per cent, less than that which the State receives 
on the mortgages, the bonds to be paid out of the proceeds of the 
mortgages when collected. These bonds disposed of to our credi- 
tors or others, at par value, and the moneys referred to, if promptly 
invested in our stocks, would procure some two millions six hundred 
and fifty-thousand dollars ($2,650,000) of our stocks, and thus reduce 
the amount in the hands of our creditors to three millions three hun- 
dred and eighty-six thousand and eighty dollars and thirty-three 
cents ($3,386,080 33). 

The cash on hand in the Old Sinking Fund draws no interest, and 
has not for many months, and without regard to the conclusion you 
may come to as to the time or mode of paying the public debt, I 
earnestly recommend that all the cash and other assets belonging to 
the Old Sinking Fund be as speedily as possible invested in our State 
stocks, and the somewhat formidable and costly machinery by which 
that fund has been managed, abolished. The fund thus converted 
into our stocks can be easily managed by the Auditor of State with 
equal advantage to our common schools, and at a saving of no small 
expense. Of course it will be understood that such stocks as now 
belong to the Old Sinking Fund, or as may be purchased by its assets, 
must in some form be kept alive for the benefit of the School Fund, 
so that that fund, which is made inviolable by the Constitution, may 
not suflcn- by the conversion. 

The financial system of Indiana is complicated, expensive, and 
anomalous. The State is a debtor, owing large sums of money, upon 
which she pays interest semi-annually, and incurs all the expenses 
thereto necessarily incident, such as the keeping of an agency in 
Kew York, the purchase of exchange, and other items of cost too 
numerous to mention. She is at the same time a lender of money, 
and maintains an expensive machinery to carry on that operation, 
and is subject, of course, to occasional losses incident to all money 
lenders. 

If, therefore, the trust funds of the State could be invested in her 
own stocks it would greatly cheapen and simplify her financial system, 
and restore to its administration that public confidence, the absence 
of whicb has long been felt. 

Should the assets of the Sinking Funds be converted into our public 
debt, as I have suggested, the whole debt of the State left outstand- 
ng in the hands of her creditors to be provided for, might be thus 
stated : 



30 

Two and a half and five per cent, stock ^3,386,080 33 

War Loan Bonds 438,000 00 

Vinccnnes University Bondf! 66,685 00 

Floating; Debt, estimated at 10u,000 00 

Total debt, §3,990,765 33 

TLe conversion suggested can be made within the next six months, 
and there is no propriety in the State appearing to the world as being 
indebted in the sum of seven or eight millions of dollars when she has 
the means in her own hands of reducing it to less than four millions. 

ENUMERATION AND APPORTIONMENT. 

It is not creditable to the State that any provision of its Constitu- 
tion, mandatory in its character, and not in conflict with the National 
Constitution, should remain a dead letter because of the non-action 
of the legislative department. If law-makers would have their enact- 
ments obeyed by the masses they should set an example of obedience 
by a prompt and faithful performance of those duties enjoined upon 
them by the higher law contained in the Constitution itself. More 
than fourteen years have elapsed since the adoption of the present 
Constitution of the State, and to this day there are two subjects on 
which its language is that of positive command where there has been 
no corresponding obedience — one of these subjects being almost vital 
to the existence of the Legislature itself. The first of these is the 
periodical enumeration of the white male inhabitants above twenty- 
one years of age, and the periodical appcrtionment of Senators and 
Representatives, based upon this enumeration. The other is the pro- 
viding of Houses of Correction and Reformation for juvenile oSTen- 
<lcrs. 

Allow me earnestly to call your attention to both of these consti- 
tutional mandates in the order above stated. The Constitution of 
1851 provitles that the first and second elections of members of the 
General Assembly after its taking effect shall be according to the ap- 
portionment last made by the General Assembly before the adoption of 
said Constitution. This provision gave ample time for making the enu- 
meration and apportionment required by the organic law of the State. 
The Constitution says that the General Assembly shall, at its second 
session after the adoption of this Constitution, and every six years 
thereafter, cause an enumeration to be made of all the white male 
inhabitants over the age of twenty- one years. It further says that^ 



SI 

" tlie number of Senators and Representatives shall, at the session 
next following each period of making such enumeration, be fixed by 
law and apportioned among the several counties according to the 
number of white male inhabitants above twenty-one years of age in 
each." The General Assembly of 1853 designed to carry out the 
first of these provisions by passing an act approved February 24th, 
1853, entitled, "An act to provide for the enumeration of all the 
white male inhabitants over the age of twenty-one years, in the State 
of Indiana in the year 1853, and pay the officers for taking the 
same." In consequence of defects in this law, as I understand the 
matter, the enumeration contemplated by it was never completed and 
published, and although more than twelve years have since elapsed, 
no other act providing for an enumeration has been passed. In 1857 
the General Assembly passed an act entitled, "An act to apportion 
Senators and Representatives for the next four years.'' Tliis act was 
not based upon an enumeration of the white male inhabitants of the 
State over the age of twenty-one years, for no such enumeration had 
been completed, and although it has long since expired by its own 
limitation, no other apportionment law has been enacted in its place, 
and by common consent, and from the necessity of the case, meiobers 
of both houses of the General Assembly are still elected under the 
provisions of this law, which has ceased to exist, and which, if in 
existence, has become grossly unjust and unequal by the change in 
the population of the several counties of the State since 1857. A 
literal compliance with the Constitution as to enumeration and appor- 
tionment, is now impossible, but the nearest practical approach to it 
should be promptly made. To this end I recommend the passage of 
an act providing for an enumeration such as is contemplated b}"- the 
Constitution, to be made in 186G, and another in the year 1871, and 
another every six years after the year 1871. These periodical enu- 
merations should be provided for by a permanent enactment that 
would require no renewal at the expiration of each period of six 
years, and to secure its enforcement there should be adequate penal- 
ties for any failure of duty on the part of the officers charged with 
making the enumeration. To meet the present emergency I further 
recommend the passage of a law, temporary in its character, making 
a new apportionment of Senators and Representatives on the basis 
of the votes cast at the Presidential election in 1864, such apportion- 
ment to continue until a new one can be made based upon the enumer- 
ation required b}'^ the Constitution. 



§2 



HO USES OF REFORM FOR JUVENILE OFFENDERS. 

The Other particular before alluded to, in which a positive require- 
tnent of the Constitution has hitherto been wholly disregarded, relates 
to the establishment of Houses of Correction and Reform for juve- 
nile offetiders. 

The second section of the ninth arti-cle of the Constitution reads as 
follows, viz: 

" The General Assembly shall provide Houses of Refuge for the 
correction and reformation of juvenile offenders." 

In accordance with this humane and enlightened provision, the 
eighteenth section of the first article further provides that the penal 
code shall be founded on the principles of reformation, and not of 
vindictive justice. 

It may well be doubted whether the county jails should, in any in- 
stance, be used as places of punishment for any class of offenders, and 
whether they should not be solely employed as places of detention of 
accused persons awaiting trial. Be this as it may, there can be no 
doubt as to the duty and policy of speedily establishing Houses of 
Reform for Juvenile Offenders. 

The Legislature of 1855, impressed with the propriety of providing 
a place in which youthful offenders might be confined, uncontamina- 
ted by the proximity and examples of old and hardened offenders, 
authorized the purchase of a tract of land a few miles west of Indian- 
apolis, for the express purpose of establishing a House of Reform for 
Juvenile Offenders. In pursuance of this authority the land was 
purchased, but since then nothing further has been done to carry into 
■execution the provisions of the Constitution on this subject. 

Institutions of t^iis description have ceased to be ^i experiment, 
numbers of them having been established in other States of the Union 
with the most beneficial results. I most earnestly recommend that 
immediate steps be taken for carrying into execution, with the least 
possible delay, this requirement of the Constitution. 

soldiers' relief law. 

The restoration of peace and the consequent discharge from the 
service of the United States of the major part of the Volunteers of 
this State, since the adjournment of the General Assembly, render 
it proper that there should be a complete and thorough revision of 
the Act for the relief of the families of soldiers, seamen and marines, 



06 



and sick and -wounded soldiers in hospitals, approved March 4th, 
1865. Difficulties have arisen in the construction of the act, and 
although the Auditor of State has taken great pains to prevent a 
diversity of action in taking the enumeration contemplated by the 
act, I regret to say his efforts have not been successful in procuring 
entire uniformity. There is also a want of uniformity of construc- 
tion as to the persons entitled to receive the benefits of the act, the 
local authorities in some counties, as I am informed, holding that the 
soldier's family must be reduced to a condition of absolute pauperism, 
before they can receive the allowance provided for by the act, while 
in other counties, relief has been afforded whenever the soldier's fam- 
ily was, in the language of the seventh section of the act, otherwise 
without " sufficient means for their comfortable support," although 
they might possess some property or means. The latter is obviously 
the proper construction, and it is greatly to be regretted that the act 
should not have been liberally construed in all parts of the State. 
There is also some uncertainty as to the time when the weekly allow- 
ance provided by the act shall commence, or from what time it shall 
be computed to those entitled, although in my opinion the auditor of 
State has properly decided that the allowance should commence from 
the date of the passage of the act. So far as it may be necessary 
to continue the provisions of the act in force, I recommend the adop- 
tion of such explanatory legislation as may be necessary to remove 
existing ambiguities, and to secure the benefits of the act to all those 
within its scope and spirit, and to prevent the illiberal construction 
before alluded to. The Act contemplates the levy and collection of 
a three mill tax on all taxable property and a poll tax of one dollar 
on each taxable poll for each of the years 1865 and 1866. I respect 
fully suggest that under existing circumstances it will neither be nec- 
essary nor proper that these taxes should be levied or collected for 
the year 1866, beleiving that the levy for 1865 if properly disbursed 
will be sufficient to furnish all the relief that the altered condition of 
the country demands. 

SOLDIEKS' AND SEAMEN's HOME. '' 

I earnestly invite your attention to the necessity for the speedy 
establishment of an Institution in which Indiana soldiers and seamen, 
disabled by wounds or disease contracted in the service of the United 
States, shall be cared for and maintained during the continuance of 
the disabilities under which they are laboring. Justice, humanity 
S. J.~3 



o 1 
oi 

and the honor of the State, forbid that these brave men should be 
permitted to suffer for the comforts of life, or be compelled to receive 
from the public such assistance as is accorded to ordinary paupers. 

On the 15th day of May, last, for the purpose of enlisting the 
sympathies of the people in the establishment of such an Institution, 
I issued^'an address, of which a copy is herewith respectfully submit- 
ted. In pursuance of the invitation contained in this address, two 
successive meetings were held at Indianapolis, for the purpose of 
effecting a temporary organization of a Home for disabled Indiana 
Soldiers and seamen, and to inaugurate a system for the collection 
of voluntary contributions sufficient to place it ultimately on a per- 
manent foundation. 

At the second of these meetings, held on the 24th day of May last, 
a temporary organization was effected, the basis of which will be 
seen by reference to a copy of the proceedings of said meeting here- 
with respectfully submitted. 

Soon after, applications for relief on the part of disabled soldiers 
were presented to the pflficers of the Association, and the Common 
Council of the City of Indianapolis, generously tendered the gratuitous 
use of the City Hospital Buildings to the managers of the Associa- 
tion for a temporary Home, which offer was accepted, with the dis- 
tinct understanding that its acceptance should not in any degree 
influence the ultimate location of the Institution, should the effort to 
place it on a permanent basis, be successful. The temporary Home 
was opened on the seventh day of August last, and the absolute 
necessity for such an institution is demonstrated by the fact that 
already forty-six (46) disabled soldiers have been admitted into the 
Institution, twenty-one (21) of whom, after remaining some time and 
receiving the best care and medical treatment, have been discharged, 
with the prospect of being sufficiently restored to enable them to care 
for themselves, and one has died, leaving twenty-four still to be cared 
for. Of the twenty-four still in the Institution, seventeen are totally 
disabled, either by old age, disease, or wounds received in battle. 

The funds received by the Treasurer of the Home from voluntary 
contributions, amount in the aggregate to $4,994 55, in addition to 
which there are unpaid subscriptions, the estimated amount of which 
will increase this to over $20,000. It is to be feared that the Insti- 
tution cannot be placed upon a permanent foundation by voluntary 
contributions, and in view of this I submit the entire subject to the 
General Assembly, and respectfully but earnestly reccommend that 



35 

prompt measures be taken to secure the object in view, feeling assured 
that it will commend itself to your judgment and sympathies. 

The U. S. General Hospital, at Jeffersonville, is one of the most 
complete establishments of the kind in the country, and is well adapted 
to the purposes of a Soldiers' Home. I have written to the Secretary 
of War and Surgeon General for information, as to whether the Gov- 
ernment would be willing to turn over this hospital to the State of 
Indiana, to be used in the establishment of such an institution, should 
the State desire it. The answer, when received, will be communicated 
to the General Assembly. 

OFFICIxlL BONDS. 

The public interests require that there should be some legislation 
on the subject of official bonds, to prevent the sureties therein from 
setting up, as a defense to actions brought on such bonds, some unper- 
formed outstanding agreement between them and their principals. 
Under existing decisions, a surety in an official bond, when sued 
thereon, may plead, as a defense, that when he signed the bond the 
principal promised him that he would procure some other person to 
execute it as a co-surety, and that the bond was filed and approved 
in violation of this agreement. Sound policy requires that when 
official bonds are properly approved, and filed in the proper office, 
there should be no doubt as to their binding obligation on all the 
parties executing the same. I respectfully recommend the passacre 
of a law, providing that every principal and surety in an official bond 
shall be required, before su<;h bond is approved, to acknowledge its 
execution before some officer authorized to take the acknowledgement 
of deeds, the acknowledgement to be certified on the bond, and 
making the bond thus acknowledged as binding, to all intents and 
purposes, upon such surety as it is upon the principal, and declaring 
that as between the State and the surety, such surety shall be deemed 
and taken to be a principal, and expressly prohibiting him from 
setting up any defense thereto, other than such as might avail the 
principal. 

GRAND JURIES. 

The experiment inaugurated in 1852, of depriving the Grand Ju- 
ries of jurisdiction over misdemeanors, has been fully and fairly test- 
ed, and I respectfully submit, that the lesson taught has not con- 
firmed the wisdom of this change, in the administration of our penal 



se 

code. Experience, I think, has clearly demonstrated that where it 
is not made the sworn duty of some properly constituted tribunal to 
make diligent inquiry and true presentment, as to the minor offenses 
against the penal code, these offenses will go unpunished, and thereby 
beget a disregard of law, and result in the increase of crime. 

The General Assembly has already found it necessary to restore 
the jurisdiction of Grand Juries over one class of misdemeanors, and 
it is not perceived why the same considerations which induced this 
partial return to the old system, do not require a complete restora- 
tion of the jurisdiction so long exercised by the Grand Inquests of 
the several counties. I therefore respectfully recommend the resto- 
ration of this jurisdiction. 

EMIGRATION. 

The return of peace will increase the tide of emigration from Eu- 
rope to the United States, whilst many of the brave soldiers of Indi- 
ana, who have been campaigning in the Southern States will doubt- 
less seek new homes in the regions through which they have marched. 
These considerations render it of the highest importance that steps 
should be taken to attract to this State the largest possible number 
of foreign emigrants. 

To this end, I repeat the recommendation for the establishment of 
a Bureau of Emigration, contained in my last regular message. 

world's fair. 

In this connection I call your attention to the subject of the World's ■ 
Fair, or " Universal Exposition," to be opened at Paris, France, on 
the 1st of April, 1867. It is eminently desirable that specimens of 
the agricultural productions, manufactures, mechanical improvements, 
and mineral wealth of Indiana, should be there exhibited. They 
would constitute the best advertisement, to the people of the Old 
World, of the great resources, progress and wealth of the State, the 
energy, intelligence, and refinement of her people, and the superior 
inducements and advantages presented to immigration. 

I recommend to your consideration the propriety of making pro- 
vision for such exhibition, and herewith lay before you certain docu- 
ments in regard to the Fair which I have received from the Secretary 
of State of the United States. 



37 

EDUCATION. 

The subject of education will doubtless have your early and care- 
ful consideration. I cannot refrain from again recommending the 
speedy establishment of a State Normal School. Competent and 
skillful teachers are essential to a good system of education, and 
these cannot be supplied in sufficient numbers to meet the increasing 
wants of our people, without an institution who&e business it shall 
be to train teachers for their profession. 

MORGAN RAID. 

I again respectfully invite the attention of the General Assembly 
to the damages occasioned to some of our citizens, by the invasion of 
the State by John Morgan, in 1863. I have seen no cause for 
changing the views expressed on this subject in my regular message 
delivered at the commencement of your last session, and therefore 
repeat the recommendation therein made. 

SCHOOL FUND. ^^ 

The first section of Article Eight of our State Constitution pro- 
vides as follows : " Knowledge and learning, generally diffused 
throughout a community, being essential to the preservation of free 
government, it shall be the duty of the General Assembly to encour- 
age by all suitable means, moral, intellectual, scientific, and agricul- 
tural improvement; and to provide by law for a general and uniform 
system of common schools, wherein tuition shall be without charge, 
and equally open to all." The language of this provision is very 
broad, and would seem, in letter and in spirit, to embrace all the 
children of th^e State without regard to color. Surely it cannot be 
denied that, as we have a colored population in ^our midst, it is our 
interest, independent of those considerations of natural justice and 
humanity which plead so strongly, to educate and elevate that popu- 
lation. An ignorant and degraded element is a burden and injury 
to society, whatever may be its color. It therefore becomes a matter 
of sound political economy, as well as absolute justice, that whatever 
colored population we may have should be educated, and enabled to 
become intelligent, industrious, and useful members of the community. 
It is also especially important at this time, when the President of 
the United States and the people of the North are requiring the 
people of the South to make provision for educating their colored 



as 

population, and protecting them in the enjoyment of civil rights, 
that the Northern States should set the example, and practice what 
they preach, by extending to their smaller colored population the 
rights and benefits -uhich they demand for them from others. 

The laws of Indiana exclude colored children from the common 
schools, and make no provision whatever for their education. I would 
therefore recommend that the laws be- so amended as to require an 
enumeration to be made of the colored children of the State, and such 
a portion of the School Fund as may be in proportion to their num- 
ber, be set apart and applied to their education by the establishment 
of separate schools, under such suitable provisions and regulations 
as may be deemed proper. I would not recommend that white and 
colored children be placed together in the same schools, believing, as 
I do, in the present state of public opinion, that to do so would create 
dissatisfaction and conflict, and impair the usefulness of the schools. 
I am informed that a system can be devised, by which separate schools 
for the education of colored children can be successfully maintained 
in various parts of the State, and believe that justice, humanity, and 
sound policy require that it should be done. 

By the school law of 1865, negroes and mulattoes are not taxed 
for the support of common schools, but if colored schools should be 
established this law should be so amended as to subject them to like 
taxation ^yith wliite persons for educational purposes. 

TESTIMONY OF COLORED PERSONS. 

In my message to the Legislature at the last session, I held the 
following language in regard to the admission of the testimoney of 
colored persons in cases in which white persons are parties : 

" The statute which excludes negroes from testifying in courts of 
justice, in cases in which white persons are parties, is, in my opinion, 
a stigma upon the humanity and intelligence of the State. The idea 
that the white race must be protected against the colored, by impos- 
ing on them this disability, is absurd, and has been made the cover 
and protection of much crime and injustice. As the law stands,, 
murder may be perpetrated with impunity by white persons in the 
presence only of colored witnesses, and it is well known that negroes 
are often employed by white persons as the instruments of crime and 
fraud, because of their inability to testify in courts of justice. The 
interests of both races demand that this disability be removed ; and 
if the fact of color affects credibility, that can be referred to the 



39 

court and jury as in other cases, and would undoubtedly receive due 
consideration. Indiana and Illinois are the only free States whose 
statute books are dishonored by the retention of a law so repugnant 
to the spirit of the age, and the dictates of common sense." 

I can add nothing to the force of what I have before said, but de- 
sire again earnestly to recommend the repeal of this obnoxious 
statute. It is due, however, to the State of Illinois, to say that her 
statute book is no longer disgraced by this law, and that Indiana has 
the bad eminence of being the only State in the North that retains it. 

INDIANA TROOPS. 

The part which Indiana has taken in the war for the suppression of 
the rebellion, is a matter upon which the citizens of the State may 
justly pride themselves. 

In the number of troops furnished, and in the amount of voluntai-y 
contributions rendered, Indiana, in proportion to her population and 
wealth, stands equal to any of her sister States, It is also a subject 
of gratitude and thankfulness that, whilst the number of troops fur- 
nished by Indiana alone in this great contest would have done credit 
to a first class nation, measured by the standard of previous wars, not 
a single regiment, battery, or battalion from this State has brought 
reproach upon the national flag, and no disaster of the war can be 
traced to any want of fidelity, courage, or efficiency on the part of 
any^.Indiana officer. 

The endurance, heroism, intelligecne, and skill of the officers and 
soldiers sent forth by Indiana to do battle for the Union, have shed 
a lustre on our beloved State of which any people might justly be 
proud. Without claiming superiority over our loyal sister States, it 
is but justice to the brave men, who have represented us on almost 
every battle field of the war, to say that their deeds have placed Indi- 
ana in the front rank of those heroic States which rushed to the 
rescue of the imperiled government of the nation. 

The total number of troops furnished by the State for all terms of 
service in the armies of the Union, exceeds two hundred thousand 
men, much the greater portion of these being for three years ; and in 
addition to this not less than fifty thousand State militia have from 
time to time been called into active service to repel rebel raids and 
defend our southern border from invasion ; all of which will be fully 
shown in the official report of the Adjutant General, now in course 
of preparation for publication. 



40 

Since the end of the war, all the Indiana troops have been mustered 
out of service except eighteen regiments of infantry, and three regi- 
ments of cavalry. Every effort consistent with the interests of the 
Government has been made by the Executive Department of the State 
to procure the early muster out of these remaining Indiana regiments, 
and assurances have been received that orders for their discharge will 
be issued as soon as their services can be dispensed with. For other 
interesting details relating to our troops you are respectfully referred 
to a communication from the Adjutant General herewith submitted. 

REORGANIZATION. 

Since the adjournment of the Legislature the civil war which had 
desolated our country has terminated in the complete triumph of the 
Government and the suppression of the rebellion. The evacuation of 
Hicbmond, and the capitulation of Lee's army, were rapidly followed 
by the surrender of every other rebel army in the field, and irreg- 
ular guerrilla warfare almost entirely passed away in a few weeks. 
The suppression of the rebellion and the subjugation of armed rebels 
seems to be complete, while every rebel State has confessed to the 
irretrievable destruction of the institution of slavery. The people of 
the South have been beaten and overpowered in the field ; they have 
wholly lost their property in slaves ; much of their country has been 
overrun and made desolate by the march and ravage of great armies; 
poverty and wretchedness have been brought home to large classes 
who before had lived in wealth and luxury ; large numbers of their 
population have perished in the conflict, and there is prevailing among 
them great exasperation and bitterness which time alone can assuage. 

The great majority, however, appear to regard the verdict of the 
war as irreversible, and to promptly accept the situation as one they 
cannot modify or put aside. But while the heresy of State sove- 
reignty has been extirpated, and the questions involved in the con- 
flict settled by the arbitrament of arms, it is yet of the greatest im- 
portance to the nation that these questions be adjudicated and deter- 
mined by the highest judicial tribunal, which might most appropri- 
ately be done in the trial, for high treason and other atrocious erimes, 
of the chief instigator and head of this most wicked and bloody rebel- 
lion. It should be definitively established as a principle in our Con- 
stitution, both by judicial decision and example of punishment, that 
rebellion is treason, that treason is a crime which may not be com- 
mitted with impunity ; and that there is but one sovereignty, which 
resides in the collective and undivided people of the United States. 



41 

The work of reorganizing the Governments of the rebel States, 
and bringing them again into practical relations with the Government 
and people of the United States, is now upon the country, and de- 
mands for its successful performance the greatest wisdom, patience, 
and forbearance. 

But while it is important that the work of reorganization shall not 
be unnecessarily delayed, it is more important that it shall proceed 
upon sound principles, which will furnish guarantees for tlie future 
integrity and peace of the Republic. The principal discussions which 
arise on this subject pertain to the future status of the negro in the 
Southern States. By some it is urged that conferring suffrage upon 
him shall be made a condition of reorganization, or in other words 
that the States lately in rebellion shall not be permitted to resume 
their practical relations with the Government, except upon the terms 
of first conferring the rights of suffrage upon their freedmen. As 
to the manner in which this measure shall be accomplished, the friends 
of it differ. Some are in favor of persistently excluding the mem- 
bers of Congress from the Southern States, until negro suffrage has 
been incorporated into their several Constitutions. Others assume 
that the States lately in rebellion are no longer members of the Union, 
but have forfeited and lost their character as States, and are in fact 
held as conquered provinces, and. like unorganized territories which 
may have been acquired by the Government, are under the complete 
control and jurisdiction of Congress, which may confer suffrage upon 
whomsoever it pleases. 

The subject of suffrage is, by the national Constitution, expressly 
referred to the determination of the several States, and it can not be 
taken from them without a violation of the letter and spirit of that 
instrument. 

But without stopping to discuss theories or questions of constitu- 
tional law, and leaving them out of view, it would, in my opinion, be 
unwise to make the work of reconstruction depend upon a condition 
of such doubtful utility as negro suffrage. 

It is a fact, so manifest that it should not be called in question by 
any, that a people who are just emerging from the barbarism of 
slavery are not qualified to become a part of our political system, and 
take part, not only in the government of themselves and their neigh- 
bors, but of the whole United States. So far from believing that 
negro suffrage is a remedy for all of our national ills, I doubt whether 
it is a remedy for any, and rather believe that its enforcement by 
Congress would be more likely to subject the negro to a merciless 



;42 

persecution, than to confer upon him any substantial benefit. By- 
some it is thought that suffrage is already cheap enough in this coun- 
try; and the immediate transfer of more than a half a million of men 
from the bonds of slavery, with all the ignorance and degradation 
upon them which the slavery of generations upon southern fields has 
produced, would be a declaration to the world that the exercise of 
American suffrage involves no intellectual or moral qualifications, and 
that there is no difference between an American freeman and an 
American slave, which may not be removed by a mere act of Con- 
gress. What is far more important to the freedmen than suffrage, is 
that their several States shall give them the right to testify in courts of 
justice, afford to them the ordinary judicial machinery for the protec- 
tion of their civil rights, provide for their education, and thus enable 
them to qualify themselves for the higher political duties of the citizen. 
It is not less vital to their interests that the Constitutional Amend- 
ment be adopted, which not only forever prohibits slavery throughout 
the nation, but confers upon Congress the power of legislating for 
the protection of their liberty and civil rights; and these things, 
among others, the President of the United States has imposed as 
precedent conditions in the work of reorganization, and has declared 
his purpose to hold and govern these States by military authority, as 
in a state of war, until they have been complied with. Time, and the 
influence of the new conditions by which they are surrounded, will 
elevate the condition of one race, and soften the prejudices and 
asperities of the other, and will accomplish what legislation and 
violent political changes can not. The inevitable presence of both 
races upon the same soil, the demands and necessities of capital and 
labor, and the unavoidable community of interest, will, in process of 
time, I can not doubt, force a reciprocity of rights and privileges. 
The institution of slavery was so closely intertwined about the foun- 
dation of society in the Southern States, that, when it was destroyed, 
society was uprooted and broken to pieces. The process of its recon- 
struction is but beginning, but it is very certain that the new structure 
will differ, in most essential particulars, from the old. Free labor, 
free speech, and free schools, will come into it as new and powerful 
elements of change and progress, and large emigration from the 
Northern States and from Europe, bringing commerce, manufactures 
and improved agriculture, will exert a modifying and beneficial influ- 
ence, the effect of which can hardly bo over-estimated. 
Another amendment, not only conducive to the interests of the 
eedmen, but demanded by the rights and interests of the white pec- 



43 

pie of the North, should be made, changing the basis of representA- 
tion in Congress, and the apportionment of political power, amono' 
the several States. The present provision in the Constitution of the 
United States concerning this, reads as follows : "Representatives 
and direct taxes shall be apportioned among the several States, 
which may be included within this Union, by adding to the number 
of free persons, including those that may be bound to service for a 
term of years, and excluding Indians not taxed, three-fifths of all 
other persons." The phrase, " three-fifths of all other persons,'' was 
a periphrastic description of the slave population, and gave repre- 
sentation for three-fifths of their number. By the abolition of 
slavery, this population is added to the "number of free persons," 
and thus increases the basis of representation by the addition of two- 
fifths. 

The inequality produced between the several States by this form 
of representation, is too palpable to require argument. By its oper- 
ation, eight millions of white people in the Southern States hold and 
exercise political power full sixty per cent, greater than an equal 
number of white people in the Northern States, by reason of having 
in their midst four and a half millions of negroes. This provision 
was the chief compromise which our fathers made with the institu- 
tion of slavery, and although, through a sense of its great injustice, 
it has been impatiently acquiesced in by the Northern people, yet it 
has been carried out in good faith ; but now that slavery, the founda- 
tion of this compromise, has passed away, the provision should be so 
changed as to suit the altered condition of the country, and do jus- 
tice to every part of the nation. If it were so amended as to 
apportion representation and political power among the several States 
according to the actual number of male voters over the age of twenty- 
one years, it would be equally fair for all, and would put it out of the 
power of the people of any State, or class of States, to increase or 
double their political power by the presence in their midst of a pop- 
ulation which they themselves deprive of all political rights ; and thus 
an inducement would be presented to the several States, in order to 
enlarge their power in the Government, to confer political rights upon 
every class of persons, without regard to color or nationality, as rap- 
idly as might be deemed consistent with their true interests. 

By the census of 18G0, the fifteen slave States were allowed eighty- 
four (84) members of Congress, because of the representation of 
three-fifths of their slaves, and now that the slaves are made free, 
and the other two-fifths added to their basis of representation.^ they 



44 

would be entitled to fourteen members more, although, perhaps, in 
point of law, this increase cannot take place anterior to the year 
1870. If the negro population was equally diffused throughout all 
the States, this inequality would not exist, but the fact is, it is not 
so diffused, and the probability is that the concentration in the South- 
ern States will become greater from year to year by the emigration 
thither of the colored population of the North. According to the 
census of 1860, the Southern States upon a white basis would have 
been entitled to sixty-six members of Congress, instead of eighty- 
four according to the existing basis. 

Whatever opposition there may be to the adoption of this proposed 
amendment, it amounts, when stripped of its coverings and sophis- 
tries, simply to this : that the white people of the South shall con- 
tinue to exercise in the future, as in the past, sixty per cent, more of 
political power in the National Government, than an equal number of 
white people in the North, and for this great inequality and injus- 
tice I am wholly unable to perceive any good or sufficient reason. 

Should such an amendment be passed by the requisite majorities} 
through the Congress of the United States, before your final adjourn- 
ment, I would most respectfully, but earnestly, recommend its imme- 
diate ratification on your part. 

In conclusion upon this subject, I am not of the opinion that the 
Herculean work of reconstruction will be accomplished at one time, 
by any general and sweeping process, but that it will proceed State 
by State, as each one shall conform to the requirements of the Gov- 
ernment, and show itself loyal and prepared to resume its practic:^ 
relations in the Union. The conditions which have been imposed 
upon these States by the President, are not only reasonable and legit- 
imate, but are dictated by justice and a wise foresight for the future 
of the Republic, and although they may not be accepted this year, or 
even the next, yet that they ultimately will be I have no doubt. And 
if the work of reorganization shall be successfully completed within 
the same period which was required to put down the rebellion, it will 
be within the limit of my expectations. 

CONCLUSION. 

The war has established upon imperishable foundations, the great 
fundamental truth of the unity and indivisibility of the nation. We 
are many States but one people, having one undivided sovereignty, 
one flag, and one common destiny. It has also established, to be 
confessed by all the world, the exalted character of the American 



45 

Soldier, his matchless valor, his self-sacrificing patriotism, his capac- 
ity to endure fatigues and hardships, and his humanity, which in the 
midst of carnage has wreathed his victorious achievements with a 
brighter glory. 

He has taught the world a lesson before which it stands in amaze- 
ment, how, when the storm of battle had passed, he could lay aside 
his arms, put off the habiliments of war, and return with cheerful- 
ness to the gentle pursuits of peace, and show how the bravest of 
soldiers could become the best of citizens. 

To the Army and Navy, under the favor of Providence, we owe 
the preservation of our country, and the fact that we have to-day a 
place, and the proudest place, among the nations. 

Let it not be said of us, as it was said in olden time, that " Repub- 
lics are ungrateful." Let us honor the dead, cherish the living, and 
preserve in immortal memory the deeds and virtues of all, as an in- 
spiration for countless generations to come. 

OLIVER P. MORTON. 

Whereupon the Senate returned to their seats in the Hall of the 
Senate, and on motion adjourned until 2 o'clock P. M. 



2 o'clock p. M. 

Senate met. 

The resolution offered by Mr. Bennett respecting Employees was 
taken up, the hour having arrived for its consideration. 

Mr. Cullen moved to strike out the word authorize and insert 
"confirm." 
Which was accepted. 

The resolution was then adopted. 

Messrs. Bennett, Thompson and Mason, were appointed said com- 
mittee. 

Mr. Horde asked and obtained leave to introduce 



46 

Senate Bill No. 196. " A Bill concerning the Writ of Habeas 
Corpus." 

Which was read a first time. ' " - ' ■ ■ 

Mr. Ilord moved to suspend the rules and read the bill a second 
time now. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bonham, Bradley, Brown, of 
Hamilton, Brown, of Wells, Carson, Cason, Chapman, Corbin, CuUen, 
Davis, Douglas, Dunning, Dykes, Finch, Fuller, Gifford, Hanna, 
Herd, Hyatt, Jinkens, Marshall, McClurg, Mason, Moore, Newlin, 
Oyler, Reagan, Staggs, Terry, Van Buskirk, Williams, Woods and 
Wright— 36. 

Those who voted in the negative were, 

Messrs. English, Noyes, Vawter — 3. 
So the bill was read a second time. 

Mr. Hord moved that the bill be referred to th« Committee on the 
Judiciary. 

The bill was so referred. 

Mr. Cason offered the following resolution : 

JResolved, That the Doorkeeper be instructed to furnish and lay 
upon the desks of each member of the Senate one copy each of the 
Senate and House Journals and one copy of the Acts of the last 
last session of the General Assembly. 

Which resolution was adopted. 

Mr. Hanna offered the following resolution : 

Resolved, That the Secretary of the Senate be directed to place 
upon the files and calendar of this session of the Senate all bills 
and joint resolutions pending at the adjournment of the General 
Assembly at its last regular session in the same order in which the 
same stood at the termination of said regular session. 

Which resolution was adopted. 

Mr. Brown of Wells off"ered the following resolution : 

Resolved, That so much cf the Grovernor's message as relates to 



47 

the subject of enumeration and apportionment of Senators and Rep- 
resentatives in the General Assembly of the State, be referred to a 
select committee of one Senator from each Congressional District of 
the State, said committee to be appointed by the President of the 
Senate. 

The resolution was adopted. 

Mr. Cason offered the following : 

Resolved^ That the committee of the Senate during the last session 
be, and the same are hereby continued as the Standing Committee of 
the present session. 

Which was adopted. 

Mr. Cullen introduced the following resolution : 

Resolved, That the doorkeeper be, and is hereby authorized to 
contract for one hundred and sixty-five (165) copies daily, for the 
use of Senators, of the daily Telegraph, a German paper published 
in Indianapolis, the same to be wrapped and stamped, ready for mail- 
ing. 

Mr. Corbin moved to lay tlie resolution on the table. 

The ayes and noes were demanded by Messrs. Cason and Cullen. 

Those who voted in the affirmative were, 

Messrs. Barker, Brown of Wells, Carson, Cobb, Corbin, Douglas, 
Fuller, Jinkens, Marshall, Moore, Terry, Van Buskirk, Woods and 
Wright— 14. 

Those who voted in the negative were, 

Messrs. Allison, Bennett, Bonham, Bradley, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, English, 
Finch, Gifford, HaT>na, Hord, Hyatt, McClurg, Mason, Milliken, 
Newlin, Noyes, Oyler, Reagan, Staggs, Vawter, Ward and Williams 
—29. 

So the amendment v/as not laid on the table. 

Mr. Oyler moved to amend, by adding Daily Evening Gazette. 



48 

Mr. Cobb moved to amend by adding Volksblat. 

Mr. Bradley moved to lay the whole subject on the table. 

Mr. Williams called for a division of the question. 

The question being on laying on the table the amendment offered 
by Mr. Cobb, 

Messrs. Oyler and Williams demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Beeson, Bennett, Bonham, Bradley, Brown of Wells, Car- 
son, Cobb, Douglas, English, Finch, Fuller, Gifford, Hyatt, Jinkens, 
Marshall, McClurg, Mason, Moore, Reagan, Staggs, Terry, Van 
Buskirk, Vawter, Williams, Woods and Wright — 26, 

Those who voted in the negative were, 

Messrs. Allison, Barker, Brown of Hamilton, Cason, Chapman, 
Corbin, Cullen, Culver, Davis, Dunning, Dykes, Hanna, Hord, New- 
lin, Niles, Noyes, Oyler and Ward — 18. 

The question being on laying on the table the amendment offered 
by Mr. Oyler, 

Messrs. Oyler and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Beeson, Bennett, Bonham, Bradley, Brown of Hamilton, 
Cobb, Corbin, Hyatt, Jinkens, Noyes, Oyler, Reagan, Terry, Van 
Buskirk, Vawter, Woods and Wright — 17. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Brown of Wells, Carson, Cason, Chap- 
man, Cullen, Culver, Davis, Douglas, Dunning, Dykes, English, 
Finch, Fuller, Gifford, Hanna, Hord, Marshaf.^ McClurg, Moore, 
Newlin, Niles, Staggs, Thompson, Ward and Williams — 27. 

So the amendment does not lie on the table. 

The question being on the adoption of the amendment. 



49 

Messrs. Oyler and Iljatt demanded the ayes p^nd noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bradley, Brown of Wells. Carson, Cason, 
Chapman, Cullen, Culver, Davis, Douglas, Dunning, Dykes, Finch, 
Fuller, Gilford, Hanna, Marshall, McClurg, Moore, Newlin, Staggs, 
Thompson, Ward and Williams — 25. 

Those who voted in the negative were, 

Messrs. Beeson, Bennett, Bonham, Brown of Hamilton, Coi'bin, 
English, Hyatt, Jiukens, ]Noyes, Oyler, Reagan, Terry, Van Bus- 
kirk, Vawter, V^oods and Wright — 16. 

The question being on the adoption of the original resolution, the 
same was adopted. 

Mr. Allison asked and obtained leave of absence for one week. 

Mr. Cullen asked and obtained leave to introduce 

Senate bill No. 197. An act to repeal an act, entitled " An act 
for the relief of families of soldiers, seamen and marines, and sick 
and wounded Indiana soldiers in hospitals in the State and United 
States, and of those who have died or been disabled in such service, 
and prescribing the duties of certain officers therein named," appro- 
ved March 4, 1865. 

Which was read a first time and passed to a second reading. 

Mr. Bennett asked and obtained leave to introduce 

Senate bill No. 198. A bill to repeal the Soldiers' Relief Act, &c., 
Which was read a first time and passed to a second reading. 

Mr. Thompson asked and obtained leave to introduce 

Senate bill No. 199. An act to amend an act, to incorporate the 
Indianapolis Insurance Company, approved February 8, 1836, 
Which v>'as read a first time and passed to a second reading. 

Mr. Cason asked and obtained leave to introduce 

Senate bill No. 200. An act providing for the settlement of de- 
cedents' estates, &c., 
S. J.— 4 



50 

Which was read a first time and passed to a second time. ' 

Mr. "Williams introduced the following resolution : 

"Whereas, The last session of the General Assembly of the State 
of Indiana, was the most extravagant in appropriations that ever 
was known in the State ; 

And, 

Whereas, The people of the State are burdened with heavy taxes ; 
therefore, 

Jiesolved, That we are in favor of reforming, and for the present 
will not employ any more assistants than are necessary to conduct 
the business of the session in a proper manner. 

Mr. Cullen moved to refer the resolution to a select committee 
of three. 

Mr. Bennett moved to lay resolution and amendment on the table, 

Messrs. Cullen and Williams demanded the ayes and noes. 

Those who voted in the affirmative v^ere, 

Messrs. Beeson, Bennett, Bonham, Brown of Hamilton, Cason, 
Chapman, Cullen, Culver, Davis, Dunning, Dykes, Mason, Milliken, 
Niles, Noyes, Oyler, Reagan, Thompson, Van Buskirk, Yawter, Ward, 
Woods and W^right— 23. 

Those who voted in the negative were, 

Messrs. Allison, Brown of Wells, Barker, Bradley, Carson, Cobb, 
Corbin, Douglas, English, Finch, Fuller, Gilford, Hanna, Hord, Hyatt, 
Jinkens, Marshall, McClurg, Moore, Newlin, Puchmond; Staggs, Wil- 
liams and Wright — 24. 

So the resolution and amendment were not laid on the table. 

Mr. Bradley asked and obtained leave to introduce 

Senate bill No. 201. A bill to provide for the care and treatment 
of the incurable insane, and matters properly connected therewith. 
Which was read a first time and passed to a second reading. 



51 

Mr. Carson introduced the folio-wing : 

Resolved, That the committee appointed to confirm the appointment 
of the employees of the Senate, be instructed to report to the Senate 
the names of the officers of the last session, who were here at the 
opening and organization of the present session, and also report who 
should receive pay for the same, and the amount thereof. 

Which, on motion, was adopted. 

Mr. Mason offered the following resolution : 

Resolved, That the Senate adopt the rules which governed this 
body at its last session, for its government at this session. 

Mr. Cason moved to refer to a select committee of five, with in- 
structions to revise. 

The resolution yras so referred. 

The President then appointed Messrs. Cason, Mason, Bennett^ 
Vawter, Niles and Dunning. 

^Ir. Hord asked and obtained leave to introduce 

Senate bill No. 202. An act making specific appropriation from 
the State Treasury. 

Which was read a first time. 

Mr. Hord moved to suspend the rules and read the bill a second, 
time now. 

The ayes and noes being called, 

Those who voted in the affirmative were^ 

Messrs. Allison, Barker, Bonham, Bradley, Brown of Wells, Car- 
son, Cason, Chapman, Cobb, Corbin, Cullen, Davis, Douglas, Dun- 
ning, Finch, Fuller, Gifford, Hanna, Hord, Marshall, McClurg, Mason, 
Moore, Newlin, Niles, Reagan, Richmond, Staggs, Thompson, Van 
Buskirk, Williams, Woods, and Wright^ — 33. 

Those who voted in the negative were, 

Messrs. Beeson, Bennett, Brown of Hamilton, Culver, Dykes, 



52 

1 

English, Hyatt, Jinkens, Milliken, Noyes, Oyler, Terry, Vavrter, and 
Ward— 14. 

So the rules were suspended and the bill read a second time. 

Mr. Bennett moved to refer to Committee on Finance. 
"Which was agreed to. 

Mr. Cullen asked, and obtained, leave to introduce 

Senate Bill No. 203. An act to authorize suits to be brought and 
executions to issue by and against firms or partnerships in the firm 
or partnership name. 

Which was read a first time and passed to a second reading. i 

Mr. Bennett asked, and obtained, leave to introduce ] 

Senate Bill No. 204. A bill in relation to witnesses, and repeal- 
ing all laws in conflict, .fcc. 

Which was read a first time and passed to a second reading. 

Mr. Brown asked, and obtained, leave to introduce 

House Bill No. 205. An act to fix the time of holding the Cir- 
cuit Court in the several counties composing the Seventh Judicial 
District, and repealing all laws in conflict therewith. 

Mr. Bonham moved to suspend the rules and read the bill a second 
time now. 

The ayes and noes being taken, 

Those who voted in the aflirmative were, 

Messrs. Allison, Bennett, Bonham, Bradley, Brown of Hamilton, 
Brown, of Wells, Carson, Cason, Chapman, Cobb, Corbon, Cullen, 
Culver, Davis, Dunning, Dykes, Finch, Gilford, Hanna, Hord, Hyatt, 
Mason, Milliken, Moore, Newlin, Niles, Oyler, Reagan, Richmond, 
Terry, Thompson, Van Buskirk, Vawter, Williams and Wright — 35. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Douglas, Jinkens, Marshall, Noyes 
Staggs — 7. 

Mr. Mason movel to refer to a Select Committee. 
Which was agreed to. 



53 

'The President appointed Messrs. Bonham, Brown, Mason and 
Richmond. 

On motion by Mr, Bennett, 
The Senate adjourned till to-morrow morning at 9 o'clock. 



WEDNESDAY MORNING, o'clock, \ 
November 15, 1865. / 

The Senate met. 

The Journal was read and approved. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

Mr. Ojler presented a petition on the subject of Temperance. 
Which was referred to the Committee on Temperance. 

Mr. Cobb presented a petition praying for the repeal of " an act 
for the relief of the families of soldiers, seamen and marines, &c., 
&c.," approved March 4, 1865. 

Mr. Richmond moved to refer the above petition, together with all 
others upon the same subject, to the Committee on Finance. 
Which was agreed to. 

Mr. Milliken offered a petition on the subject of Temperance. 
Which, on motion, was referred to the Committee on Temperance. 

REPORTS FROM JUDICIARY COMMITTEE. 

Mr. Niles, from the Judiciary Committee, introduced the following 
report : 

Mr. President : 

The Judiciary Committee, to whom was referred Senate Bill No. 



64 

196, entitled, " an act concerning the writ of Habeas Corpus," have 
had said bill under consideration, and have directed me to report the 
same back to the Senate, and recommend its passage. 
Which, on motion, was concurred in. 

Mr. Brown of Wells offered the follov/ing : 

Mr. President : ^ 

The Select Committee, to whom was referred the resolution and 
amendments pending thereunto, upon the subject of stationery, hav- 
ing given the same full and due consideration, have directed me to 
report back said amendments, with a recommendation that they lie 
upon the table. They would also recommend that the original reso- 
lution be amended so as to read as below given, and that when so 
amended, it be passed. 

Resolved, That the President of the Senate be, and he is hereby, 
authorized to procure from the State Librarian, upon his own order, 
such stationery as he may desire for his own use, not exceeding in 
value the sum of sixty dollars ; that each Senator, for his own use, 
and each chairman of a committee, for the use of his committee, be, 
and they are hereby, authorized to draw, upon their own order, from 
the State Librarian, such stationery as they may severally desire, 
not exceeding in value the sum of forty dollars each ; that each 
elected officer of the Senate, for his own use and the use of his ap- 
pointees, be, and he is hereby, authorized to procure from the State 
Librarian, stationery not exceeding in value twenty dollars, all for 
the entire session ; that the principal secretary of the Senate shall, 
from time to time, procure from the State Librarian, upon the order 
of the Senate, such stationery as may be necessary in the discharge 
of the business of the secretaryship of the Senate, to which end he 
shall previously furnish to the Senate estimates of the amounts thereof 
so by him deemed necessary. And the said Librarian shall keep 
a strict account of all stationery for such purposes by him purchased, 
and to whom issued; and three days before the close of the present 
session, he shall report to the Senate the amount purchased, for 
whom, and at what price, and also a list of persons to whom issued, 
and the amount in value drawn by each. And for the purpose of 
keeping such accounts, he may employ a clerk. And in case the 
President should not draw stationery of the value of said sum of 
sixty dollars, or any Senator should not draw stationery of the value 



55 

of said sura of forty dollars, they shall each respectively be entitled 
to draw in money the balance of said sums of sixty and forty dollars. 

M. Dunning offered the following resolution : 

Resolved^ That A. T. Whittlesey, Principal Secretary of the last 
session of the General Assembly, Jacob S. Broadwell, Assistant 
Secretary, M. A. 0. Packard, Reading Clerk, and John II. Johnson, 
Doorkeeper, be each allowed mileage, and three days' services at five 
dollas per day, for organizing the present session of the General 
Assembly, and that the Auditor of State is hereby authorized to 
issue his warrant upon the Treasurer for the amount due the above 
named persons. 

Which resolution was adopted, 

Mr. Gifford presented 

A petition to repeal the law in favor of soldiers and searaen. 

Which, on motion, was referred to the Committee on Finance. 

Mr. Bennett introduced the following concurrent resolution : 

Whereas, Jefferson Davis, late President of the so-called Confeder- 
ate States, is now", and has been for months past, in the custody of 
the United States, on a charge of treason against the Government, 
therefore, be it 

Resolved, By the Senate, the House concurring, that in view of 
the enormity of the crime, and the demand of the loyal people of 
this State, we respectfully request his Excellency, Andrew Johnson, 
President of the United States, that the said Jefferson Davis, for his 
alleged treason, be speedily brought to trial before the proper civil 
tribunal, and if convicted, that he shall suffer the penalty prescribed 
by law. 

Mr. Williams moved to strike out all relating to the President of 
the United States. 

Mr. Vawter moved to lay the amendment on the table. 

Messrs. Vawter and Bennett demanded the ayes and noes. 



56 

Those "who voted in the affirmative were, 

Messrs. Allison, Becson, Bennett. Bonham, Brown of Hamilton, 
Cason, Ciiapman, Cullen, Culver, Davis, Dunning, Dykes, Hjatt, 
Milliken Niles, Nojes, Oyler, Reagan, Richmond Terry, Thompson, 
Yan Buskirk, Vawter, Ward, Woods, and Wright — 26. 

Those who voted in the negative v/ere, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, English, Finch, Fuller, Gifford, Ilanna, Hord. Jin- 
kens, ^Marshall, McClurg, Mason, Moore, Newlin, Staggs, and Wil- 
liams — 22. 

So the amendment lies on the table. 

Mr. Brown, of Weils, introduced the following substitute. 

Resolved, By the Senate, the House concurring, that in relation to 
the case of Jefferson Davis, President of the late so-called Confed- 
erate States, we have full confidence in President Johnson's sense 
and spirit of justice, and may safely leave the entire disposition of 
said Jefferson Davis' case in his hands, subject always to the Consti- i 
tution of the United States and lavrs of Congress, in pursuance 
thereof. 



k 



Mr. Hanna moved to refer to the Committee on Federal Ptelations. 
Messrs. Brown, of Wells, and Bennett, demanded the ayes and noes. 

Those who voted in the affirmative were, | 

I 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, i 

Corbin, Douglas, Dunning, English, Finch, Gifford, Hanna, Hord, \ 

Jinkens, Marshall, McClurg, Mason, Moore, Newlin, Staggs, Van Bus- | 
kirk, Vawter and Williams — 24. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dykes, Hyatt, Milliken, 
Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Ward, 
Woods and Wright— 23. ] 

So the whole subject was referred. 



57 

Mr. Cobb introduced 

Joint resolution No. 20, entitled "A joint resolution on the sub- 
ject of a ship canal around the Falls of Niagara, connecting Lake 
Erie and Lake Ontario." 

Which was read a first time and passed to a second reading. 

Mr. Beeson introduced the following resolution : 

Resolved^ That 2,000 copies of the Governor's Message be pro- 
vided for the use of the Senate, and 8,000 for the use of the Governor. 

Mr. Vawter moved to refer the resolution to a committee of three, 
to act in conjunction with a similar committee on the part of th 
House. 

Which was agreed to. 

The President appointed Messrs. Yawter, Beescn and Dunning 
said committee. 

Mr. Cobb moved to take vip the resolution of Mr. Brown of \yell3, 
on the subject of stationery. 

Mr. Beeson introduced the following amendment : 

Strike out §40.00 and insert $20.00 in lieu thereof. 

Mr. Cullen moved to lay the amendment on the table. 

Messrs. Beeson and Cullen demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Bonham, Brown of Wells, Cullen, Davis, Dun- 
ning, Finch, Hord, McClurg, Mason, Oyler, Richmond and Terry 
—13. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Bennett, Bowman, Brown of Hamilton, 
Carson, Cason, Chapman, Cobb, Corbin, Culver, Douglas, Dykes, 
English, Gifford, Hanna, Hyatt, Jinkens, Marshall, Milliken, Moore, 
Newlin, Niles, Noyes, Reagan, Staggs, Thompson, Van Buskirk, 
Vawter, AYard, Williams, Woods and Wright — 33. 

N So the motion does not lie on the table. 



58 

The question being on the adoption of the amendment, 

Mr. Cobb moved to amend the original resolution by striking out 
20 Avhere it occurs, referring to the Clerks and Secretaries, and in- 
serting 10. 

Which was agreed to. 

The question being on the amendment offered by Mr. Beeson, 

Messrs^. Oyler and Beeson demanded the ayes and noes : 

Those ■svho voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Brown of 
Hamilton, Carson, Cason, Chapman, Cobb, Corbin, CuUen, Culver, 
Davis, Dou .las. Dunning, Dykes, English, Finch, GiiTord, Hanna, 
Hyatt, Jinkens, Marshall, McClurg, Milliken, ^^loore, Newlin, Niles, 
Noyes, Reagan, Richmond, Staggs, Terry, Thompson, Yan Buskirk, 
Vawter, Ward, Yv'illiams, ^tVoods and Wright — -il. 

Those vrho voted in the negative were, 

]\Iessrs. Bonham, Brown of Wells, Hord, Mason and Oyler — 5. 

So the amendment was adopted. 

Mr. Beeson then introduced the following amendment to the origi- 
nal resolution : 

" Strike out all that relates to receiving and drawing money." 
Which wa> agreed to. 

The question being on the adoption of the original resolution as 
amended, 

Pending which. 

The Sonate adjourned. 



59 

2 O'clock P. M. 



The Senate met. 



The question pending on the adjournment being on the adoption 
of the report of the Select Committee on Stationery, as amended, 

Mr. Cobb moved to amend by allowing the Secretaries to draw 
their own stationery. 
Which was a2;reed to. 

Then the report, as amended, was concurred in. 

jMr. Cobb introduced a motion to suspend the order of business, 
and take up House Bill No. 59. 

Which, on motion, 
Was agreed to. 

House Bill No. 59. A Bill to authorize railroad companies to 
occupy and use for railroad purposes the property of canal compa- 
nies, with their consent, and to secure them in such occupation, and 
for the protection of the hydraulic powers of each canal; and to 
authorize the lessees of the Vvater privileges in said canal to organize 
a company, or companies, for the m.aintenance thereof, in case of the 
failure of said canal company to maintain the same. 

The fjuestion being on reading the bill a third time, 

Mr. Allison moved that the b:ll be read a third time now. 

And the bill was then read the third time. 

The question being on the passage of the bill. 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bowman, Bradley, Brown, of 
Hamilton, Brown, of Wells, Carson, Cason, Chapman, Cobb, Culver, 
Davis, Dunning, Dykes, English, Finch, Fuller, Gifford, Hanna, Hord, 
Hyatt, Jinkens, Marshnll, McClurg, Mason, jMilliken, Moore, Newlin, 
Niles, Reagan, Staggs, Thompson, Van Buskirk, Vawter, Ward, Wil- 
liams and Wright — 38. 



60 

Those Avho voted in tlie negative were, 

Messrs. Beeson, Bonhara, Corbin, Cullen, Douglas, Noyes, Ovler, 
Richmond, Terrj and Woods — 10. 

So the bill passed. 

The question being, 

Shall the title as reported stand as the title of said bill? 

It was so ordered. 

Mr. Carson, from the Select Committee to revise the rules of the 
Senate, made the following report : 

Mr. President : 

The Select Committee to whom was referred the standing rules of 
the Senate, have had the same under consideration, and have 
directed me to make the follovnng report : 

V/hich report was amended to read as follows : 

Amend the first rule by striking out the word "resolution " when 
it occurs, inserting in lieu thereof the word " motion." 

Also, after the words "precisely at" insert the words "2o' clock 
in the afternoon during the first fifteen days of the session and 
thereafter at." 

Amend the 18th rule by adding the following : 

"But the question of excusing a Senator shall be decided summa- 
rily without debate." 

Amend the 24th rule by striking out the word "elected" and 
inserting in lieu thereof the word "voting;" also, by inserting the 
word " subsidiary " before the word " questions." 

Amend the 33d rule by inserting after the word "order" the 
words, except when the previous question is pending, add a 55tli 
rule, as follows : 

When a bill or joint resolution shall have failed for the want of a 
constitutional majority but shall have named the votes of the 



61 

majority of the members present, it shall be subject to be called up 
in its order at the instance of any Senator on any subsequent day, 
but when it shall have failed to receive the votes of a majority of 
the members present, it shall only be again called up by a motion to 
reconsider the previous votes. 

The report as amended was concurred in. 

Mr. Mason introduced the following: 

Resolved, That one hundred copies of the rules, as amended, be 
published for the use of this Senate. 
Which resolution was adopted. 

Mr. Oyler asked, and obtained, leave to introduce 

Senate Bill No. 206. 

Which was read the first time and passed to a second reading. 

Senate Bill No. 20G. Entitled an act supplemental to an act, 
entitled an act to authorize, regulate and confirm the sale of rail- 
roads, to enable purchasers of the same to form corporation, and to 
exercise corporate powers, and to define their rights, powers and 
privileges, to enable such corporation to purchase and construct con- 
necting and branch roads, and to operate and maintain the same. 

Approved March 3d, 1865, and for the purpose of making the 
same more definite and certain. 

Mr. Dunning introduced the following : 

Resolved, That Thomas D. Moore be allowed for services as an 
Assistant Doorkeeper, in organizing the present session of the Sen- 
ate, the same compensation that has been allowed to the Principal 
Doorkeeper for like services, and that the Auditor of State draw his 
warrant upon the Treasurer of State for the same, in favor of said 
Moore. 

Mr. Bennett offered the following amendment : 

Indianapolis, Ind., November 15, 18G5. 

This is to certify that the following named persons, who were my 
appointees at the last session of the Senate, and who were present 
and assisted at the present organization of the Senate, are entitled to 
receive pay for three days' services, and mileage : 



62 

J. D. Henry, Thomas D. Moore, John Monroe, Moses Osborn, J. 
M. Clements, Charles Johnson, John Patteson, page, Kinnard Ham- 
ilton, page, and Ulysses Corsan. 

JOHN H. JOHNSON, 

Doorkeeper Striate. 

Mr. Dunning moved to refer the resolution and amendment to the 
Committee on Employees. 
They were so referred. 

Mr. ]3rown, of Wells, introduced the following resolution : 

i 
Resolved, That the President of the Senate, and each Senator, be 

authorized to draw from the Librarian, upon stationery account, a 
copy of the Revised Statutes, Gavin & Herd's edition ; provided that 
upon return of the same it shall be credited upon the same account; 
and provided that the Senator from Henry be allowed a copy without 
the same being charged to him. 
Which resolution was adopted. 

Mr. Cason introduced the following resolution : 

liesolved, That the Clerk be instructed to hand over all bills and 
resolutions on file that have not been acted on by the various commit- 
tees having the same under consideration at the last session, to the 
committees which had the same under their consideration at that ses- 
sion. 

Which was adopted. 

Mr. Niles introduced 

Senate bill No. 207, entitled " an act in regard to lot No. 1, in 
block sixty-eight, (68,) in the city of Indianapolis, owned by the 
State." 

Which was read the first time, and passed to a second reading. 

On raoticn of Mr. Cullen, 

The Senate adjourned until to-morrow, at 2 o'clock, P. M. 



6B 



THURSDAY AFTERNOON, 2 o'clock,] 
Kovember 16, 1805. / 

The Senate met. 

In the absence of the President the Secretary called the Senate to 
order. 

On motion by Mr. Cullen, 

Mr. Dunning took the Chair. 

On motion of Mr, Van Ruskirk, 

The Assistant Secretary was granted a leave of abaence for the 
afternoon. 

The Journal was read^and approved. 

The following message was received from the House of Repreaen- 
tatives ; 

Mr. President: 

I am directed by the'ISpeaker of the House of Representatives to 
inform the Senate that ho has signed the following enrolled act of the 
House of Representatives, to-wit : 

Enrolled Act of the House of Representatives, No. 50, entitled 
" an act to authorize railroad companies to occupy and use for rail- 
road purposes the property of canal companies, with their consent, 
and to secure them in such occupation and use, and for the protection 
of the hydraulic power of each canal ; and to authorize the lessees of 
water privileges in said canal to organize a company, or companies 
for the maintainance thereof, in cases of the failure of said canal 
company to maintain the same." 

To which the signature of the President of the Senate is respect- 
fully requested. 

I am also directed by the House of Representatives to inform the 
Senate that the House has passed the following engrossed bills thereof: 

Engrossed House bill No. 22. A bill to legalize the sale of cer- 
tain school lands in Lake county. 



64 

Engrossed House bill No. 21. A bill to amend tbe 22d section of 
an act entitled " an act defining misdemeanors, and prescribing pun- 
ishment therefor," approved June 14th, 1862. 

In -vrhich the concurrence of the Senate is respectfully requested. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

!^Ir. Moore offered a petition, praying for the repeal of an act 
entitled " an act for the relief of the families of soldiers, seamen and 
marines," &c., approved March 4th, 1865. 

Which was referred to the Committee on Finance. 

Mr. Richmond offered a petition on the same subject. 
Which was referred to the same committee. 

Mr. Milliken offered a petition on the subject of Temperance. 
Which was referred to the Committee on Temperance. 

Mr, Noyes offered a petition praying for the repeal of an act, enti- 
tled "An act for the relief of the families of soldiers, seamen and 
marines," &c., &c., approved March 4, 1865. 

Which was referred to the Committee on Finance. 

Mr. Cason offered a petition on the subject of Temperance. 
Which was referred to the Committee on Teroperance. 

Mr. Terry offered a petition praying for the repeal of an act, enti- 
tled " An act for the relief of the families of soldiers, seamen and 
marines," &c., &c., approved March 4, 1865. 

Which was referred to the Committee on Finance. 

Mr. Milliken offered a memorial on the subject of Temperance. 
Which was referred to the Committee on Temperance. 

REPORTS FROM SELECT COMMITTEES. 

Mr. Bennett offered the following report : 

Mr. President : 

The special committee to whom was referred the claims of sundry 
persons for services rendered in the organization of the present ses- 
sion of the Senate, beg leave to report that they have had the same 



65 

under consideration, and recommend that allcvvances be made as 
follows : 

Ira A. Fairchilds, John C. Robinson, John Dowling, Thomas D. 
Moore, Moses Osborne, J. M. Clements, Charles Johnson and J. S. 
Williams, each, for three days' services, at five dollars per day, and 
mileage, as Assistant Clerks and Assistant Doorkeepers. 

John Pattison, Kinnard Hamilton and Ulysses Corsan, each, for 
three days' services, at three dollars per day, as pages, with mileage. 

E. B. Carter and Henry Carter, each, for four days' services, at 
five dollars per day, as firemicn. 

Which was concurred in. 

The President laid before the Senate the following communica- 
tion : 

Indianapolis, November 16, 18G5. 

Hon. Paris C. Dunning, 

Preddent prx) tern of the Senate: 

Sir : — The preparation to assume new official duties requires my 

immediate attention, and by reason thereof, there is no probability 

that I will be able to resume my position in the Senate during its 

present session. Please communicate this information to the SenatCo. 

Respectfully, your obedient servant, 

CONRAD BAKER, 
Lieutenant Governor. 

Mr. Cullen moved to proceed to the election of a President pro 
tern. 

Mr. Brown, of Wells, moved to postpone until Tuesday next at 2- 
o'clock P. M. 

Mr. Bonham moved to lay the motion to postpone upon the table,. 

Messrs. Hanna and Oyler demanded the ayes and noes. 

Those who voted in tlie affirmative were, 

^ Messrs. Allison, Beeson, Bennett, Bonham, Brown, of Hamilton? 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Woods and Wright — 25. 
S. J.— 5. 



66 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown, of Wells, Carson, Cobb, 
Corbiu, Douglas, English, Finch, Fuller, Gilford, Hanna, Hord, Jin- 
kens, Marshall, McClurg, Mason, Moore, Newlin, Staggs, Yawter 
and Williams— 23. 

So the motion was laid upon the table. _ , ^__ , 

On motion, 

The order of business was passed over, and the resolution of yes- 
terday concerning the Governor's Message, was taken up. 

Mr. Beeson moved to amend by making the resolution read so that 
2,000 of the 10,000 shall be in German, 2,000 for the use of the 
Senate, and 6,000 for the use of the Governor. 

Mr. Brown, of Wells, moved to amend by making it read 3,000 for 
the use of the Governor, and 1,000 for the use of the Senate. 

Mr. Cullen moved to lay the amendment upon the table. 

Messrs. Cullen and Brown, of Wells, demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown, of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
Yan Buskirk, Ward, Woods and Wright— 25. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, Jin- 
kens, Marshall, McClurg, Mason, Moore, Newlin, Staggs, Yawter 
and Williams— 23. 

So the motion was laid upon the table. 

The question being upon the original motion, 

Messrs. Cullen and Corbin demanded the ayes and noes. 

Those who voted in the affirmative were, 
Messrs. Allison, Beeson, Bennett, Bonham, Brown, of Hamilton, 



67 

Cason, Chapman, Cobb, Cullen, Culver, Davis, Dunning, Dykes, 
Fuller, Hanna, Hyatt, McClurg, Mason, Milliken, Niles, Noyes, 
Oyler, Reagan, Richmond, Staggs, Terry, Tkompson, Van Buskirk, 
Ward, Woods and Wright— SI. 

Those vrho vot-ed in the negative were, 

Messrs, Barker, Bowman, Bradley, Brown, of Wells, Carson, 
Corbin, Douglas, English, Finch, Gifford, Jinkens, Marshall, Moore, 
Newlin, Vawter and Williams — 16. 

So the resolution was adopted. 

The question recurring on the motion to proceed to the election 
of President pro tern. 
It was so ordered. 

Mr. Cobb demanded a call of the Sena,te, when the followinfj 
members answered to their names : 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman 
Bradley, Brown, of Hamilton, Brown, of Wells, Carson, Cason, 
Chapman, Cobb, Corbin, Cullen, Culver, Davis Douglas, Dunning, 
Dykes, English, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, Jin- 
kens, Marshall, McCIurg, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Van 
Buskirk, Vawter, Ward, "Williams, Woods and Wright — 48. 

Mr. Oyler moved to dispense with a further call of the Senate. 
Which was agreed to. 

Mr. Cullen nominated for President pro tern., cf the Senate, Mr. 
Paris C. Dunning, of Monroe county. 

Mr. Corbin nominated Mr. James D, Williams, of Knox county. 

There being no further nominations the roll was called, with the 
following result : 

Those who voted for 3Ir. Dunning zvere, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown, of Hamil 
Cason, Chapman, Cullen, Culver Davis, Dykes, Hyatt, Milliken, 
Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Ward, Woods and Wright — 24. 



' 68 

Those 7cho voted foi' 3Ir. Williams were, 

Messrs. Barker, Bovrman, Bradley, Brown, of Wells, Carson, 
Cobb, Corbin, Douglas, English, Fincb, Fuller, Gifford, Hanna, 
Hord, Jinkens, Marshall McClurg, Mason, Moore, Newlin, Staggs 
and Va-wter — 22. 

Messrs. Dunnino; and "Williams not voting;. 

Mr. Dunning was declared duly elected President &f the Senate. 

Messrs. Williams and Beeson were appointed a committee to con- 
duct Mr. Dunning to tbe chair. 

Mr. Cobb offered the following resolution : 

Resolved, That on account of the expense of publishing the Bre- 
vier Legislative Reports, and the imperfect manner in which the re- 
marks of the Senators are reported, that the same be discontinued? 
and that the publisher thereof be informed that his services are no 
longer needed in the Senate. 

Mr. Hanna moved to lay the resolution of Mr. Cobb on the table.- 

Messrs. Cullen and Cobb demanded the ayes and noes. ^ 

Those who voted in the affirmative were, 

Messrs. Allison, Bennett, Bonham, Bradley, Brown of Wells, Chap- 
man, Corbin, Culver, Douglas, Fuller, Gilford, Hanna, Hord, McClurg, 
Mason, Miiliken, Newlin, Niles, Oyler, Reagan, TLompson^ Woods^ 
and Mr. President— 23. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Carson, Cason, Cobb, Cullen, Davis, 
Dykes, Hyatt, Jinkens, Marshall, Moore, Noyes, Richmond, Staggs, 
Terry, Vawter, Ward, ^Yiiliams and Wright — 20, 

So the resolution lies upon the table. 

The following message from the House v;as presented : 

Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following engrossed bills thereof, 
In which the concurrence of the Senate is respectfully requested 



69 

Engrossed House bill No. 147. A bill to amend section G of ?in 
act entitled "An act regarding estrays and articles adrift," approved 
June 16, 1852. 

Engrossed House bill No. 126. A bill to amend section 5 of an 
act entitled, "An act to authorize the construction of levees and 
drains," approved June 12, 1852. 

Engrossed House bill No. 88. A bill authorizing certain corpo- 
rations therein named to change their corporate names. 

Engrossed House bill No. 106, A bill authorising the construction 
of warehouses for the inspection, storage and sale of tobacco. 

The President laid before the Senate the following communications 
from the " Volksblatt," "Herald," "Telegraph" and "Journal:" 



Indianapolis, Indl^na, 
November 



s^DL4iNA, 1 

r 16, 1865./ 



Mr. Thompson, Esq., 

Doorkeejj-er of the Senate: 

Sir: — The undersigned will furnish the Weekly " Indiana Volks- 
blatt," enveloped and stamped, at eight cents per copy. 

JULIUS BOETTICHER. 

Editor Volksblatt. 

Office Indianapolis Daily Herald, \ 
Indianapolis, November 16, 1865. J 

giR : — "We will furnish the Senate three copies of the " Daily 
Herald," viz : one copy, loose, at five cents, and two copies, envel- 
oped and stamped, at s<3ven cents per copy — that being the amount 
agreed upon between ourselves and the House of Representatives. 
Very truly yours, 

HALL & HUTCHINSON. 
To Dr. S. G. Thompson, Doorkeeper. 

< Office Indianapolis Daily Journal, \ 

Indianapolis, November 16, 1865. J 

Sir: — We will furnish the Senate three copies of the " Daily Jour- 



70 

nal," viz : one copy loase, and two copies enveloped, the former at 
five cents and the latter at seven cents per copy — that being the 
amount agreed upon between ourselves and the House of Repre- 
sentatives. 

HOLLOW AY, DOUGLASS & Co. 
Dr. S. G. Thompson, Doorkeeper Senate. 

To ihe Doorkeeper of the Indiana State Senate : 

Sir : — I will furnish the Senate three copies of the " Daily Tele- 
graph," enveloped and stamped, at seven cents a copy. 

E. J. METZGER, 

Editor Telegraph. 

Mr. Oyler moved to enter into a contract with the above name^ 
papers. 

Messrs. Cullen and Oylei' demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bradley, Brown of Hamilton, 
Brown of Wells, Carson, Cason, Chapman, Cobb, Corbin, Culler, 
Culver, Davis, Douglas, Dykes, English, Fuller, Gifford, Hanna, 
Hord, Hyatt, Marshall, McClurg, Mason Milliken, Kewlin, Niles, 
Oyler, Reagan, Richmond, Staggs, Thompson, Ward, Williams, and 
Wright— 37. 

Those who voted in the negative were, 

Messrs. Beeson, Jinkens, Moore, Noyes, Terry, Vawter, Woods — 8. 

It was so ordered. 

Mr. Carson moved that when the Senate adjourn, it adjourn until 
to-morrow morning at 9 o'clock, and that when met, bills on their first 
reading shall be taken up, and that committees have leave of absence 
to work. 

Which motion prevailed. 

The following resolution was oiFered by Mr. Mason : 

Resolved, Addison M. Elkens be allowed the sum of four dollars 



71 

for aiding in cleaning up the Senate chamber after the close of last 
session, per order of Mr. Johnson, Ex-Doorkeeper of this Senate. 

Which was adopted. 

On motion. 
Leave of absence was granted to Mr. Chapman until Monday. 
Mr. Bradley moved to take up 
Senate bill No. 201. 
It was so agreed. 

The bill was read a second time and referred to the Committee on 
Benevolent Institutions. 

A bill to provide for the care and treatment of the incurable insane 
of the State of Indiana, and matters properly connected therewith. 

Mr. Carson oiiered 

A petition praying for the repeal of an act entitled " an act for the 
relief of the families of soldiers, seamen and marines,'* &c. &c., ap- 
proved March 4, 1865. 

Which was referred to the Committee on Finance. 

Mr. Brown, of Wells, introduced 

Senate bill No. 208. An act to provide for the construction of 
sewers within incorporated towns, defining the powers and duties of 
Town Trustees in relation thereto, and to repeal all laws in conflict 
therewith. 

Which was read a first time, and passed to a second reading. 

Mr. Bennett introduced 

Senate bill No. 210. A bill apportioning Senators and Represen- 
tatives. 

Which was read a first time, and passed to a second reading. 



72 
Mr. Niles introduced ' ' 

Senate bill No. 210. An act to amend section 584 of an act enti- 
tled " an act to revise, simplify and abridge the rules, practice, pro- 
ceedings and forms in civil cases in the courts of this State ; to abol- 
ish distinct forms of action at law, and to provide for the administration 
of justice in a uniform mode of pleading and practice, without dis- 
tinction between law and equity," approved June 18th, 1864. 

Which was read a first time, and passed to a second reading. 

Mr. Dunning introduced a petition, praying for the repeal of an 
act entitled " an act for the relief of the families of soldiers, seamen 
and marines," &c., approved March 4th, 1865. 

Which was referred to the Committee on Finance. 

Mr. Dunning offered a petition, praying for the speedy adjustment 
of the Aquilla Jones' claims. 

Referred to the Committee on Finance. 

]Mr. Oyler introduced 

Senate bill No. 211. An act supplemental to an act entitled "an 
act to incorporate the White River Navigation Company," approved 
February 13th, 1851, and an act entitled "an act to amend the 3d 
section of an act entitled 'an act to incorporate the White River 
Navigation Company,' approved February 13th, 1851, and to extend 
the rights and privileges of said company," approved June IGth, 1852^ 
and to further extend the rights and privileges of said company. 

W^hich was read a first time, and passed to a second reading. 

Mr. Thompson introduced 

Senate bill No. 212. An act to amend section 23 of an act enti- 
tled " an act for the incorporation of Insurance Companies, defining 
their powers and prescribing their duties," approved June 17th, 1852. 

Which was read a first time and passed to a second reading. 

On motion of Mr. Cullen, 
The Senate adjourned till to-morrow morning, at nineVclock. 



73 



FRIDAY MORNING, 9 o'clock,] 
November 17, 1865. J 

The Senate met. 

The Journal was read and approved. 

Leave of absence was granted to Mr. Bradley. 

The President announced the following Committee on Apportion- 
ment of Representatives and Senators : 

4th District — Cullen, Chairman. 

1st District — Williams. 

2d District — Bradlej. 

3d District — A^awter. 

5th District — Bennett. 

6th District — Oyler. 

7th District — Hanna. 

8th District — Cason. 

0th District— Corbin. 
10th District — Chapman. 
11th District — Brown of Hamilton. 

EILLS ON FIRST READI^:(5. 

Mr. ^Vright moved to take up House bill No. 79. 

Engrossed House bill No. 79. A bill to amend an act entitled 
•' An act providing for the election and appointment of supervisors, 
of highways, and prescribing certain of their duties, and those of 
county and tovrnship officers in relation thereto," approved March 5, 
1859.' 

Which was read the first time by sections, and, 

On motion of Mr. Allison, 
Was read the second time by title, and referred to the Committee 
on Roads. 
It was so ordered. 

On motion of Mr. Mason, 
House bill No. 43 was taken up. 

House bill No. 43. An act to repeal an act entitled, "An act to 



74 

establish Courts of Conciliation, to prescribe rules and proceedings 
therein, and compensation of Judges thereof," approved June 11, 
1852. 

Which ^Yas read a first time, and, 

On motion of Mr. Mason, 
Was read a second time by title, and referred to the Committee on 
Organization of Courts. 

. Message from the House, by Mr. Nixon, their Clerk : 

Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following engrossed bill thereof: 

Engrossed House bill No. 124. A bill to amend section 30 of an 
act regulating the fees of ofiicers, and repealing former acts in rela- 
tion thereto, approved March 2, 1855. 

In the passage of which the concurrence of the Senate is respect- 
fully requested. 

Mr. Oyler moved to take up the resolution relating to stationery. 
It was so ordered. 

Mr. Cason offered the following resolution : 

Resolved, That the Committee on the Organization of Courts be 
instructed to report, at the earliest practicable moment, a bill, or bills, 
reorganizing our Courts. 

Which was adopted. 

Mr. Hord moved to take up Senate bill, No. 196 : 

" A bill concerning the writ of habeas corpus." 

It was taken up and the bill ordered to be engrossed. 

Mr. Cason moved that Senate bill 182, and two bills not numbered 
on the same subject, be referred to the Committee on the Organiza- 
tion of Courts. 

It was so ordered. 



75 

The following " concurrent resolution'' was offered by Mr. Bee- 
son : 

1st, Resolved by the Senate of Indiana, (trie House of Represen- 
tatives concurring therein,) that the Constitution of the United States 
ought to be so amended as to cause the representation in Congress 
to be apportioned among the several States according to the number 
of male inhabitants over the age of twenty-one years, vrho are by 
the Constitution and laws of said States respectively entitled to rote 
at general elections in said States. 

2d. Resolved, That our Senator in Congress be instructed, and 
our Representatives be requested, to use their influence to procure 
the passage of such an amendment of the Constitution of the United 
States as is indicated in the foregoing resolution^ to be proposed to 
the several States for ratification. 

Which " concurrent resolution,'" 

On motion by Mr. Cobb, 
Was referred to the Committee on Federal Relations. 

Mr. Hanna moved to suspend the special order and take up busi- 
ness in its regular order. 
It was so agreed. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

Mr. Thompson introduced a petition on the subject of Temper- 
ance. 

AVhich was referred to the Committee on Temperance. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Bonham made the following report from the Committee on 
Finance : 

Mr. President : 

The Committee on Finance, to whom was referred Senate Bill No 
202, entitled " an act making specific appropriation from the State 
Treasury," have had the same under consideration, and have directed 
me to report the same back to the Senate, with the following amend- 
ment, and when so amended, recommend its passage. 



76 

And the follo\Ying section — - ' 

Sec. 4. That the sura of three thousand nine hundred and ninety- 
four dollars and ten cents, is hereby appropriated to pay the interest 
est on the Vincennes University bonds for the year eighteen hun- 
dred and sixty-four. And that the further sum of five hundred and 
eighteen dollars and eighty-eight cents, is hereby appropriated to 
pay the amount accrued on failure to pay the interest on said bonds 
for the years 1863 and 18G4. And that section four be changed to 
five. 

The report ^vas concurred in. , 

Mr. Cullen, from the Committee on Lands and Inteinal Improve- 
ments, made the following report : 

Mr. President : . ' , ' 

The Committee on Canals and Internal Improvements, to v,'hom 
was referred Senate Bill No. 107, have had the same under consider- 
ation, and direct me to report the same back to the Senate, with a 
recommendation that the bill pass. 

The report was concurred in. 

Mr. Bonham inlroduced Senate Bill No. 205, and made the follow- 
ing report : 

Senate bill No. 205, entitled "an act to fix the time of holding the 
Circuit Court in the several counties composing the seventh Judicial 
Circuit, and repealing all laws in conflict therewith." 

;Mr. .President : 

The select committee, to whom was referred Senate bill No. 205, 
entitled " an act fixing the time of holding the Circuit Courts in the 
several counties composing the Seventh Judicial Circuit, and repeal- 
ing all laws in conflict therewith," have had the .^ame under consid- 
eration, and a majority of said committee have instructed me to re- 
port the same back to the Senate, and recommend its passage. 

The report was concurred in. 

Mr. Cobb introduced Senate bill No. 213, entitled " an act to 



77 

amend gection 33 of an act entitled '•' an act to repeal all general 
laws now in force for the incorporation of cities, prescribing their 
powers and rights, and the manner in which they exercise the same, 
and to regulate such other matters as properly pertain thereto, ap- 
proved March 9, 1857." 

Which was read a first time, and passed to a second reading. 

Mr. Vawter introduced 

Senate bill No. 214, entitled " a bill to define what officers shall be 
elected by each House of the General Assembly, and fixing the com„ 
pensation, and repealing all laws inconsistent therewith. 

Which was read a first time, and passed to a second reading. 

Mr. Ilord introduced Senate Bill No. 215. An Act to amend sec- 
tion seventy-seven, of an act entitled, " An Act to revise, simplify 
and abridge the rules, practice, pleadings and forms, in criminal 
actions in the Courts of State," approved June 17, 1852, and declar- 
ing when the same shall take effect. 

Which was read a first time, and passed to a second reading. 

Mr. Hanna introduced Senate Bill No. 216. An Act to repeal 
sections forty-three and forty-four of an act entitled, " An Act pre- 
scribing who may make a will, the effect thereof, what may be devised, 
regulating the revocation, admission to probate, and contests thereof," 
approved May 31, 1852. 

Which was read a first time by sections, a second time by title, 
and referred to the Committee on the Judiciary. 

- Mr. Cullen introduced Senate Bill No. 217. An Act to amend 
section 384 of an act entitled, " An Act to allow Coumty Commis- 
sioners to organize turnpike companies where three-fifths of the per- 
sons representing the real estate within prescribed limits petition for 
the same ; and to levy a tax for ita construction, and provide for the 
same to be free." 

Which was read a first time by sections and second time by title^ 
and referred to the Committee on Roads. 

Mr. Hyatt introduced Senate Bill No. 218. An Act to amend an 
act entitled, " An Act to discourage the keeping of useless and sheep- 



killing dogs, and providing penalties for violation of any of tlie pro- 
visions of said act by officers and others ; and also repealing an act 
to license dogs," approved March 11, 18(31, and providing that 
nothing in this act shall be so construed as to conflict -with the pro- 
visions of an act entitled, " An Act for the protection of sheep," 
approved June 15th, 1852. 

Which was read a first time and passed to a second reading. 

Mr. Ward introduced Senate Bill 219. An act defining who shall 
be competent witnesses to testify in any court of judicial proceeding 
in this State, and to repeal ail laws, or parts of laws, in conflict with 
the provisions of this act. 

Which was read a first time and passed to a second reading. 

Mr. Bennett introduced Senate Bill No. 220. An act disqualifying 
certain persons, herein enumerated, from voting at elections in this 
State, and prescribing penalties for violations hereof; and providing 
when the same shall take effect. 

Which was read a first time and passed to a second reading. 

Mr. Vawter moved to take up the following message from the 
House, by their Clerk, Mr. Nixon. 

Which was agreed to, 
Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has adopted the following concurrent resolution, 
to-wit : . ■ , ' 

Be it resolved hy the House of Reprcsejiiatives^ (the Senate con- 
curring,) That that portion of the Governor's Message which refers 
to the Public Debt, be referred to a Joint Committee of both Houses, 
to consist of the Committee of Ways and Means on the part of the 
House, to which four members shall be added and the Committee of 
Finance on the part of the Senate, to which two members shall be 
added ; and that Committee shall have power to send for persons and 
papers. 



79 

Mr. Bonham introduced 

Senate Bill No. 221. Entitled " an act for the punishment of 
officers of elections " for receiving "illegal" votes. 

Which vfas read a first time and passed to a second reading. 

Mr. Hord introduced 

Senate Bill No. 222. " An act to repeal all laws now in force 
establishing the time of holding Circuit Courts in the First Judicial 
Circuit to fix the times of holding said Courts, requiring all persons 
to take notice thereof, providing for the return of process and 
declaring when this act shall take effect." 

Which was read a first time and passed to a second reading. 

Mr. Bennett introduced 

Senate Bill No. 223. Entitled a bill to authorize married women, 
under the age of twenty-one years, to join in the conveyance of the 
lands of their husbands, in certain cases, and to repeal all laws, and 
parts of laws inconsistent therewith. 

Which was read a first time and passed to a second reading. 

Mr. Bonham introduced 

Senate Bill No. 224. " An act to amend section 75 of an act to 
revise, simplify and abridge the rules, practice, pleadings and form's 
in criminal actions in the Courts of this State. 

Which was read a first time and passed to a second reading. 

Mr. Hord introduced 

Senate Bill No. 225. " An act providing for the taking of depo- 
sitions of parties to civil actions in their own behalf, and declaring 
when the same shall take effect." 

Which was read a first time and passed to a second reading. 

Mr. Bennett introduced 

Senate Bill No. 226. "An act to amend sections 10, 12, 13, 14, 
15, 16, 17, 18, 21, and 22 of an act entitled an act regulating fees 
of officers and repealing former acts in relation thereto," approved 
March 2, 1855, and providing when the same shall take effect. 

Which was read a first timj and passed a second reading. 



Mr. Bennett moved to read a second time by title and refer to a 
select committee of five. 
It was so agreed. 

Mr. Carson asked, and obtained, leave of absence for next week. 
Mr. Richmond moved to take up , i .r; 

Senate Bill No. 152. " An act to amend section seven of an act 
entitled an act touching the laying out, vacating towns, streets, 
alleys, public squares and grounds, or any part thereof, the making 
out and rescinding of plats of said towns, and providing for the 
change of the names of such towns," approved May 20, 1852. 

The bill was taken up, read a second time and referred to the 
Committee on Corporations. 

^Engrossed Senate Bill No. 27. "an act to amend section four 
of an act entitled an act, prescribing certain misdemeanors punisha- 
able only by a Justice of the Peace," approved June 7, 1852. 
Was read a second time and ordered to be engrossed. 

Senate Bill No. 87. " An act to amend the 17th section of an 
net entitled an act prescribing who may make a will, the effect 
thereof, what may be devised, regulating the revocation, admission to 
probate, and contest thereof," approved May 31st, 1852. 

Which was read a second time and ordered to be engrossed. 

Senate Bill No. 106. " An act to amend section 119 of an act 
entitled an act to revise, simplify and abridge the rules, practice, 
pleadings and forms in criminal actions in the Courts of this State," 
approved June 17th, 1852, so far as to strike out so much thereof 
as requires the appellee to pay the costs of the appeal, when the 
decision of the Court below is decided to be erroneous. 

"Which was read a second time and ordered to be engrossed. 

Mr. Cobb moved to take up Senate bill No. 202, an act making 
specific appropriations from the State Treasury. 
It was so ordered. 

Mr. Cobb moved to consider Engrossed Senate bill No. 202 and 
that it be read a third time now. 
It was so agreed. 



81 

Bill No. 202 was read a third time. < 

The question being, shall the bill pass ? « 

Those who voted in the affirmative were, 

Messr.-:. Allison, Beeson, Bennett, Bonham, Bowman, Brown, of 
Hamilton, Carson, Cason, Cobb, CuUen, Culver, Davis, Dunning, 
Dykes, English, Finch, Fuller, Gilford, Hyatt, Jinkens, McClurg, Ma- 
son, Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Rich- 
mond, Staggs, Terry, Thompson, Ward, Williams and Woods — 37. 

Mr. Vawter voted in the negative. 

So the bill passed. , 

The title of the bill was then read and approved. 

Mr. Niles offered the following resolution : 

Resolved, That W. H. Drapier be allowed mileage and five dollars 
a day for three days' service as Journal Clerk, in the organization of 
the present session of the Senate, and that the Auditor of State draw 
his warrant on the Treasury for the same. 

Which resolution was adopted. 

Mr. Branham moved to take up the resolution concerning statutes. 
It was so agreed. 

The resolution was then adopted. 

Mr. Mcplurg introduced 

Senate bill No. 227. An act for the relief of Isaac D. Armstrong,. 
Treasurer of the county of Clinton, in the State of Indiana. 

Which was read a first time by title only, and referred to a Select 
Committee of fil^e, empowered to send for persons and papers. 

Mr. Carson moved that House bills on first reading be made the 
special order for 2 o'clock, P. M., to-day. 
It was so agreed. 

Mr. Thompson moved to take up Senate bill No. 199. An act tO' 
S. J.— 6 



82 

amend " an act to incorporate the Indianapolis Insurance Company," 
approved February 8th, 1836. 

"Which was read a second time, and referred to a Select Committee. 

Mr. Gilford moved to take up Senate bill No. 72, entitled a bill 
prescribing the form of deed that may be used by Sheriffs and Coro- 
ners. 

Which was taken up and referred to the Judiciary Committee. 

Mr. Bennett moved to take up Senate bill No. 198, entitled " an 
act repealing an act for the relief of the families of soldiers, seamen 
and marines, and sick and wounded Indiana soldiers in hospitals, in 
the State and United States service, and of those who have died or 
been disabled in such service ; and prescribing the duties of certain 
officers therein named, and providing for the collecting and disposition 
of taxes levied in pursuance thereof for the year 1865, and providing 
when the same shall take effect," approved March 4th, 1865. 

"Which was taken up, read a second time, and referred to a Select 
Committee of five. 

Mr. Cullen moved to take up 

Senate bill No. 197, entitled, "An act to repeal an act for the 
relief of 'Soldiers, Seamen and Marines, and sick and wounded 
Indiana Soldiers m hospital in the State and United States,' and of 
those who have died or been disabled in such service, and prescribing 
the duties of certain officers therein named," approved March 4, 1865. 

"Which was taken up, read a second time, and referred to a select 
committee of five. 

Mr. Milliken moved to take up , - - 

House Joint Resolution No. 11. A joint resolution for the relief 
of George W. Archer, refunding to him the purchase money and in- 
terest thereon, paid for certain real estate, sold as svi^amp lands by 
the State, when the title was in one Michael John. 

W^hich was taken .up, read a second time, and referred to the Com- 
■juittee on Finance. 

Mr. Cobb introduced ^ 

Senate bill No. 228. An act to amend an act entitled, "An act to 
provide for the uniform mode of doing township business, prescrib- 



8a 



ing the duties of certain officers in connection therewith, and to re- 
peal all laws conflicting with this act," approved February 18, 1859. 
Which was read a first time and passed to a second reading. 

On motion of Mr. Richmond, -: .■, 

The Senate adjourned till 2 o'clock P. M. 



2 o'clock, p. m. 
The Senate met. 

On motion of Mr. Beeson, ■ • :, 

Mr. Van Buskirk was granted leave of absence until Monday next, 
at 2 o'clock P. M. 

The President announced the following special committees : 

On Fees and Salaries — Senators Bennett, "Wright, Dykes, Moore 
and Gifford. 

Oil Senate Bill No. 198 — Senators Bennett, Cullen, Cobb, Rich- 
mond and Williams. 

On Senator McClurg''s Bill for RAief of County Treasurer of Clin- 
ton County — Senators McClurg, Corbin, Beeson, Mason and Reagan. 

On Seriate Bill No. 199 — Senators Thompson, Hord and Niles. 

SENATE BILLS ON SECOND READING. 

Mr. Dykes moved to take up Senate bill No. 51. 
It was taken up and read a third time. 

Engrossed Senate bill No. 51. A bill to amend the 63d section of 
an act entitled, "An act to provide for a general system of common 
schools, the officers thereof, and their respective powers and duties, 
and matters properly connected therewith, and to townsliip libravies, 
and for the regulation thereof," approved March 5, 1855. 

The question being, shall the bill pass? 

On motion. 
It was indefinitely postponed. ♦ 



84 

Mr. Niles moved to take up Senate bill No. 210, an act to amend 
section 584 of an act entitled " an act to revise, simplify and abridge 
the rules, practice, proceeding and forms in civil cases in the Courts 
of the State, to abolish distinct forms of action at law, and to pro- 
vide for the administration of justice in a uniform mode of pleading 
and practice, ^Yithout distinction between law and equality, approved 
June 18, 1852. 

It was so ordered. 

The bill was read a second time, and referred to the Judiciary 
Committee. 

Mr. Oyler moved to take up Senate bill No. 211, entitled " an act 
supplemental to an act entitled ' an act to incorporate the White 
River Navigation Company, approved February 13, 1851,' and an 
act, entitled ' an act to amend the third section of an act entitled an 
act to incorporate the White River Navigation Company, approved 
February 13th, 1851, and to extend the rights and privileges of said 
Company, approved June 16, 1852, and to further extend the rights 
and privileges of said Company. 

It was so ordered. 

The bill was read a second time by title, and referred to the Com- 
mittee on Corporations. 

Mr. Brown of Wells moved to take up Senate bill No. 208, an act 
to provide for the construction of sewers within incorporated towns 
defining the powers and duties of the Board of Township Trustees in 
relation thereto, and to repeal all laws in conflict therewith. 

Read a second time by title, and referred to the Committee on 
Rights and Privileges. 

The President laid before the Senate the following communication 
from the Governor : 

Gentlemen of the Senate : 

I regret to have to announce to you that ill health compels me for 
a time to withdraw from the discharge of official duties. I am 
advised by my physicians, and by my own knowledge of the condi- 
March 4, 1852 ; and to change the form of the oath of Grand Jurors. 

Which was read by title and referred to the Committee on Organ- 
ization of Courts. 



85 

tion of my health, that I cannot safely continue in the performance 
of the labor incident to the Executive Office, and that rest, a ch^ano-e 
of climate and locality is necessary to my recovery. The duties of 
the office during my absence will devolve upon Lieutenant Governor 
Baker, and I need not say to you that they cannot be placed in abler 
or safer hands. I have known him long and well, and can testify 
that in every department of life in which he has been placed, he has 
acquitted himself with distinguished ability, fidelity, and devotion to 
the cause of his country. 

I hope and believe that your session will prove alike honorable to 
yourselves, and profitable to the State. It has begun under favora- 
ble auspices, and gives promise of being one of the most laborious 
and useful General Assemblies which has convened in this State for 
many years. For the kindness and consideration you have shown to 
me, on all occasions, I return you my grateful thanks. And for 
your health and prosperity, each and all, accept my most earnest 
wishes. 

O. P. MORTON, 

Governor of Indiana. 

Mr. Brown of Wells moved to receive the message, reciprocating 
the kind wishes of the Governor, and that the message be spread 
upon the Journal. 

It was so ordered. 

Mr. Thompson read the following letter upon the subject of the 
Governor's health. 



Indianapolis, Indiana, 1 
November 10, 1865. / 



Gov. 0, P. Morton, 



Dear Sir: — As your physician I deem it my duty to announce to 
you in this letter, that I have, for some time past, entertained serious 
apprehensions in relation to your present disordered health. I have 
been your physician for several years, and been deeply interested 
and alarmed at the gradual approach and progress your disease has 
made for many months past. The disease under which you have 
been suffering is Paraplegia, and when it becomes thoroughly estab- 
lished in the system, consequences of the most distressing character 



86 

must follow. This form of malady is clearly indicated in your case, 
by the heaviness and numbness, as well as the stiff and awkward motion 
of your lower limbs. It has gradually increased for some time past, 
resisting all remedies administered, and if not soon arrested, may 
render your limbs useless, and confirm you a criple for life. The 
causes of your illness may, I think, be clearly traced to the great 
mental and physical exertions you have made during the last five 
years, in the discharge of the onerous and perplexing duties of your 
office as Governor of the State, and, I doubt not, indicate the main 
treatment to be pursued by you in order to recover your lost health. 
My opinion is that your restoration can only be found in your imme- 
ciate and absolute withdrawal from the performance of all official 
duties, and that your mind and body must have rest and time to 
regain their accustomed vigor, if you would avoid the fate of patients 
laborincf under a confirmed state of this fearful disease. To afford 

a 

you ample time and the requisite remedies to recover your health, I 
advise you to immediately withdraw from the transaction of all public 
business, and make the tour of Europe. This journey will remove 
you from the field on which you have expended so much health and 
strength, in struggling to save your country, and will introduce you to 
new scenes and measures, which will sustain an agreeable, but 
not excessive mental excitement. I confidently believe that your 
return to health and future usefulness will, in a very great degree, 
depend on your prompt compliance with the above recommendations. 

If so, after a few months absence, I shall confidently expect you 
will return from your tour a sound man, to act your part in uphold- 
ing and enjoying the Union and the country for which you have 
made such large sacrifices. 

I have the honor of subscribing myself 

Your friend and physician, 

W. CLINTON THOMPSON. 

Mr. Cobb moved that the letter be spread upon the journal. 

It was so ordered. 

Mr. Hord moved to take up 

Engrossed Senate bill No. 190, entitled '• a bill concerning the 
writ of habeas corpus. 

The bill was taken up and read a third time. 



87 

The question being, shall the bill pass ? 

Those who voted in the aiBrmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Brown of Hamilton, Brown of Wells, Cason, Cobb, Corbin, Cuilen 
Culver, Davis, Douglas, Dunning, Dykes, English, Finch, Fuller^ 
Giffortl, lianna, Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, 
Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Ward, Williams, Woods, and Wright — 42. 

Mr. Vawter only, voting in the negative. 

So the bill passed. 

The bill was then read and approved. 

Mr. Bennett moved to take up 

House bill No. 153, and it was so ordered, and, on his moion, 

It was indefinitely postponed. 

Mr. Niles moved to take up 

Engrossed Senate bill No. IGO, entitled " An act ratifying the 
action of the Governor in procuring an advance of two hundred and 
fifty thousand dollars from the President of the United States for the 
preparation of troops for the service of the United States, and for 
the defense of the State, and directing him to pay the unexpended 
balance into the Treasury, and to account therefor, with the portion 
expended, to the President of the United States, as an advance to 
the State ;" 

And, on his motion, it was indefinitely postponed. 

Engrossed House bill No. 12 : 

A bill to amend the first section of an act, entitled " An act for 
the protection of religious meetings, agricultural fairs and other law- 
ful assemblages of the people," approved March 3, 1859; 

Read first time by sections, a second time by title, and referred 
to Committee on the Judiciary. 



88 

House bill No. 27, entitled " An act to legalize the acknowledg- 
ment of all deeds, mortgages and other instruments registered to be 
recorded, taken and certified bj Notaries Public ^Yho took and certi- 
fied such acknowledgments after the expiration of their commis- 
sions ;" 

Which was read a first time by sections, a second time by title, and 
referred to the Judiciary Committee. 

Engrossed House bill No. 29, entitled " An act to amend S3ction 
15 of an act entitled ' An act entitled an act concerning inclosures, 
trespassing animals and partition fences ;' " 

Which was read a first time by sections, a second time by tide, and 
was referred to Committee on Agriculture. 

Engrossed House bill No. 32, " A bill to provide for taking the 
depositions, aflidavits and acknowledgments of persons in the mili- 
_ tary or naval service of the United States, and for administering 
oaths to such persons;" 

Which was read a first time by sections, a second time by title, and 
referred to the Judiciary Committee. 

Engrossed House bill No. 52, " A bill to render uniform the assess- 
ment of personal property in the several townships of the difi'erent 
counties ;" 

Which was read a first time by sections, a second time by title, and 
referred to Committee on County and Township Business. 

House bill No. 53, " A bill to amend section 14 of an act, entitled 
' An act to provide for the uniform mode of doing township business 
prescribing the duties of certain officers in connection therewith, and 
to repeal all laws in conflict with this act,' " approved Feb. 18, 1859 ; 

Read the first time by sections, a second time by title, and referred 
to the Committee on County and Township Business. 

Engrossed House bill No. 57, entitled a bill to amend section 784 
of the Practice Act. 

Which was read a first time by sections, and a second time by title, 
and referred to the Committee on Judiciary. 

Engrossed House bill No. 58. A bill to amend the 5th and Gth 
sections of an act regulating interest of money, and to repeal an act 
entitled; " An act concerning interest on money," approved May 



89 

27, 1852; the 51st section of the "Act defining misdemeanors and 
prescribing punishment therefor," approved June 14, 1852 ; and all 
other laws, and parts of laws, in conflict with this act. Approved 
March 7, 1861. 

Which was read a first time by section, a second time by title, and 
referred to the Committee on Judiciary. 

Engrossed House bill No. 02. A bill empowering incorporated 
cities and towns to plant and maintain shade trees along the streets, 
alleys, public squares and commons, thereof, and to provide for the 
protection of the same at the expense of the adjoining property 
holders. 

Read a first time by sections, a second time by title, and referred 
to the Committee on Corporations. 

House bill 64. A bill to amend the 406th section of an act enti- 
tled, " An act to revise, simplify and abridge, the rules, practice, 
pleadings and forms, in civil cases in the courts of this State, to 
abolish distinct forms of action at law, and to provide for the admin- 
istration of justice in a uniform mode of pleading and practice, 
without distinction between law and equity. 

Which was read a first tim.e by sections, a second time by title, and 
referred to the Committee on Judiciary. 

Engrossed House bill No. 67. A bill to entitle attorneys to hold 
liens on judgments. 

Which was read a first time by section, a second time by title, and 
referred to the Comniittee on Benevolent Institutions. 

Engrossed House bill No. 68. A bill authorizing Boards of County 
Commissioners in this State to make donations and receive subscrip- 
tions for the purpose of erecting a monument to the memory of those 
from their several counties who have lost their lives in the war for the 
restoration of the Union. 

Read a first time by sections, a second time by title, and referred 
to the Committee on Military Affairs. 

House bill No. 75. Entitled a bill to empower railroads to con- 
struct branches to neighboring coal mines. 



90 

Which was read a first time by sections, a second time by title, and 
referred to the Committee on Canals and Internal Improvements. 

Engrossed House bill No. 78. A bill to provide for the sf.le of 
lands belonging to the State of Indiana, in the counties of Jasper 
and Newton, and to give pre-emption to actual settlers thereon. 

Which was read a first time by section, a second time by title, and 
eferred to the Committee on Finance. 

House bill No. 119, entitled " a bill to establish and create a State 
Normal School, and matters connected therewith," 

Which was read a first time by section and a second time by title, 
and referred to Committee on Education. 

House bill No. 137, entitled "a bill providing for voting by electors of 
the States absent in the military or naval service of the United States, 
or in consequence thereof directing the methods by which it shall be 
done, and prescribing punishments for violating any of the rights or 
privileges secured by this act." 

Which was read a first time by sections, a second time by title 
and referred to Committee on Elections." 

House bill No. 199. " An act to provide for the distribution of 
the interest on the School Sinking and Trust Funds of this State, 
held for the support of common schools, to repeal all laws in conflict 
therewith, and declaring an emergency," 

Which was read a first time by section, second time by title, and, 
by suspending the rules, read third time and passed. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Brown of Hamilton, Brown of Wells, Cason, Corbin, Cullen, Culver, 
Davis, Douglas, Dunning, Dykes, English, Fuller, Gifi"ord, Hanna, 
Hyatt, Jinkens, Marshall, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Ward, 
Williams, Woods and Wright— 39. 

Mr. Vawter being the only one who voted in the negative. 

So the bill passed. 

The title was then read and approved. 



91 

Mr. Bennett moved that when the Senate adjourn, it be- until 
to-morrow morning at 9 o'clock. 

It was so ordered. ■ « 

Mr. Ward moved to take up 

Senate bill No. 219. " An act defining who shall be competent 
witnesses to testify in any court or judicial proceeding in this State, 
and to repeal all laws, or parts of laws, in conflict with the provisions 
of this act." 

Read a first time by sections, a second time by title, and referred to 
Committee on Rights and Privileges. 

Mr. Bennett moved to take up 

Senate bill No. 204. " An act in relation to witnesses, and to 
repeal an act entitled 'an act in relation to witnesses,'" and to repeal 
section 238, of article 13, of an act entitled "an act to revise, sim- 
plify, and abridge the rules, practice, pleadings and forms, in certain 
cases in the courts of this State, to abolish distinct forms of actions 
at law, and to provide for the administration of justice in a uniform 
mode of pleading and practice, without distinction between law and 
equity," which took effect March 17, 1861 : and to repeal section 
one of an act entitled "an act to prohibit the evidence of Indians 
and persons having one-eighth or more negro blood, in all cases, 
where white persons are parties in interest," approved February 14, 
1853, and providing when the act shall take effect and be in force. 

Which was read a second time by title, and referred to the Com- 
mittee on Judiciary. 

Mr. Cason moved to take up 

Senate bill No. 107, entitled an act authorizing certain persons 
therein named to dig and construct a certain canal. 

Which was read by title a second time and referred to the Com- 
mittee on Canals and Internal Improvements. 

Engrossed Senate bill No. 121. An act to amend section 14 of 
an act to provide for the more uniform mode of doing township busi- 
ness, prescribing the duties of certain officers in connection there- 
with, approved February, 1^59. 

Which was read a second time by title and referred to the Com- 
mittee on County and Township Business. 



^I'i.' 



92 

Engrossed Senate bill No. 124, entitled an act to enforce the Con- 
stitution of the State of Indiana, 

Which was read by title and referred to the Committee on Judi- 
ciary. 

Engrossed Senate bill No. 136. An act to amend section 8 and 
11 of an act to provide for the more uniform mode of doing town- 
ship business, prescribing the duties of certain officers in connection 
therewith, and to repeal all laws conflicting with this act : approved 
February 18, 1859, and declaring an emergency. 

Read by title and referred to the Committee on County and Town- 
ship Business. 

Engrossed Senate bill No. 138, entitled an act amending section 
80 of an act regulating fees of officers, and repealing former acts in 
relation thereto: approved March 2, 1855. 

Which was read by title and referred to the Committee on Fees 
and Salaries. 

Engrossed Senate bill No. 140. An act to amend section 8 of an 
act entitled, '"An act dividing the State into counlies, defining their 
boundaries, and defining the jurisdiction of such as border on the 
Ohio and Wabash rivers: approved June 7, 1852. 

Read by title aud referred to the Committee on County and Town- 
ship Business. 

Engrossed Senate bill No. 148, entitled an act to amend the 16th 
and 88th sections of the act entitled, '' An act providing for the set- 
tlement of decedents' estates," prescribing the rights, liabilities and 
duties of officers connected with the management thereof, and the 
heirs thereto, and certain forms to be used in such settlements. 

Read by title and referred to the Committee on Judiciary. 

Engrossed Senate bill No. 149, entitled an act ratifying the action 
of the Governor in settling and discharging the State's quota of the 
direct tax levied by Congress in 1861, and authorizing him to settle 
all unsettled claims of the " State " against the United States. 

Which was read by title and referred to the Committee on Finance. 

Engrossed Senate ibll No. 156. An act to amend the 14th section 
of the act entitled, " An act to limit th^ number of Grand Jurors, 
and to point out the manner of their selection, defining their juris- 
diction^ and repealing all laws inconsistent therevrith, approved 



93 

Engrossed Senate bill No. 157, entitled an act to repeal an act 
entitled " An act to enforce the 18th article of the Constitution," 
approved June 18, 1852. 

Which was read by title and referred to Committee on Judiciary, 

Engrossed Senate bill No. 161. A bill requiring the Boards of 
County Commissioners in the several counties of the State of Indiana 
to examine the books, papers and vouchers, of any officer in their 
respective counties who may be charged with having received a 
greater amount of fees than he is legally entitled to receive ; to 
determine the amount thereof, if any, and to cause suit to be brought 
for its recovery, and declaring an emergency. 

Which was read by title and referred to the Committee on County 
and Township Business. 

Engrossed Senate bill No. 170. An act to authorize Trustees to 
sell and convey trust estates, and to reinvest the proceeds thereof. 
Which was read by title and referred to Committee on Judiciary. 

Mr. English moved to take up 

Engrossed Senate bill No. 171. A bill to reimburse Samuel IT, 
Patterson, late lessee of the Indiana State Prison, for money 
expended by him on account of work and labor rendered by sundry 
convicts during said Patterson's lease of said prison. 

Read by title and referred to the Committee on Finance. 

Engrossed Senate bill No. 172, entitled an act prescribing the 
manner in which taxes shall be levied and collected by the authorities 
of incorporated cities and towns upon the property of railroads, banks 
and other corporations, situated or being within such cities or towns. 

Which was read by title and referred to Committee on Judiciary, 

Mr. Niles introduced 

Engrossed Senate bill No. 174. An act to provide for the pro- 
tection of wild game, defining the time in which the same may be 
taken or killed, and declaring the penalty for the violation of this 
act, repealing all laws in inconsistent herewith, and declaring an emer- 
gency. 



94 
Read by title nnd referred to the Committee on Agriculture, 

Engrossed Senate bill No. 175. An act to authorize the forma- 
tion of companies for the detection and apprehension of horse thieves 
and other felons, and for mutual protection, and repealing all laws 
inconsistent therewith. 

Which was read by title and referred to the Committee on Corpor- 
ations. 

A message from the House, by their clerk, Mr. Nixon : - 

Mr. President : 

I am directed by the House of Representatives to inform the 
Senate that the House has passed the following engrossed bills 
thereof: 

Engrossed House bill No. 121. A bill to cure defective acknowl- 
edgments of deeds in certain cases. 

Engrossed House bill No. 135. An act to amend the 651st sec- 
tion of the act entitled, "An act to revise, simplify and abridge, the 
rules, practice, pleadings and forms in civil cases in the courts of this 
State, to abolish distinct forms of action at law, and to provide for 
the administration of justice in a uniform manner, pleadings and 
practice without distinction between law and equity," passed June 
18, 1852. 

Encrrossed House bill No. 186. A bill declarins' the laws now in 
force sufficient to authorize the payment of the semi-annual install- 
ments of interest on the public debt, authorizing the payment thereof as 
the same may become due, declaring specific appropriations therefor 
unnecessary and providing for the punishment of any violation of 
the requirements of said act. 

Also the following : 

Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following resolutions, in which the 
concurrence of the Senate is respectfully requested : 

Resrjlvedy That we have learned with unfeigned regret that his 



95 

Excellency, Gov. 0. P. Morton, has been compelled, by severe indis- 
position to withdraw for the time from the arduous duties of Execu- 
tive of the State, and to seek a restoration of health in a temporary 
absence. 

Resolved, That we deeply sympathize with him in his affliction, and 
confidently trust that he may be speedily restored to his accustomed 
health, and that at an early day, he may resume again his oiScial 
connection with us as chief magistrate of our State. 

Resolved, That the concurrence of the Senate is hereby requested. 

liesolved, That a certified copy of the above resolutions be delivered 
to his Excellency before his departure from the State. 

Mr. Hanna moved to take up the latter message from the House. 

Mr. Bennett moved to concur with the resolutions. 
It was unanimously agreet to. 

Mr. Newcomb asked and obtained a leave of absence. 

On motion of Mr. Bonham, 
The Senate adjourned until to-morrow morning at 9 o'clock. 



SxlTURDAY MORNING, 9 o'clock, 1 
November 18, 18G5. / 



The Senate met. 



Mr. Beeson asked and obtained leave of absence for the Joint 
Committee on Public Debt. 

On motion of Mr. Gifford, 

The reading of the journal was dispensed with, ;.,- :- 



96 

Mr. Davis asked and obtained leave of absence until Monday 
next. 

Mr. Brown asked and obtained leave of absence until Monday 
next. 

Mr. Hord asked and obtained leave of absence until some time 
next -^veek. 

Mr. Woods presented a petition praying for the repeal of " an act 
for the relief of the families of soldiers, seamen, and marines," &c,, 
approved Marcli 4, 18G5, 

Which was referred to Committee on Finance. 

Mr. Brown, of Wells, presented a petition praying for the repeal 
of " an act for the relief of the families of soldiers, seamen and 
marines," &c., approved March 4, 1865. 

Referred to Committee on Finance. 

Mr. Allison introduced 

Senate bill, No, 229, an act entitled " an act supplemental to 'an 
act approved March 5, 1859, authorizing the purchases of railroads, 
plank roads and turnpike roads, under mortgage sale, or sale made 
according to the terms of their trust, to organize as incorporated 
companies, and prescribing their powers and duties," 

Which was read a first time and passed to a second reading. 

Mr. Williams introduced 

Senate bill No 230. An act in relation to the organization of the 
Senate and House of Representatives. 

Read a first time, by sections, and passed to second reading. 

Mr. McClurg introduced 

Senate bill No. 231. An act to legalize and declare valid and 
effectual all the orders, judgments and other proceeding's, made, ren- 
dered and had, by and before the Common Pleas court, of Clinton 
county, in this State, held in the court house of said county, in the 
months of October and November, in the year one thousand eight 
hundred and sixty-five, and then and there, by and before the several 
iudses of the said court. 

Which was read a first time, and assc^ to a second reading. 



97 
By leave of the Senate Mr. Wright introdaced -' •• ■. 

A petition on the subject of Temperance, which was referred to 
the Committee on Temperance. , ...... 

SEN'ATE BILLS ON SECOND READING. 

Mr. Thompson moved to take up 

Engrossed Senate bill No. 179. An act fixing the salaries of the 
Superintendent of the Insane, the Superintendent of the Deaf and 
Dumb, and the Superintendent of the Blind in this State, and repeal- 
ing parts of laws, in conflict therewith, 

Was read a second time by title only, and referred to Committee 
on Benevolent Institutions. 

Senate bill No, 186. An act to define the rights of parties to 
joint contracts in which judgment has been rendered against a part 
of the makers of each contract, but not against all," 

Which was read by title and referred to the Committee on the 
Judiciary. , ^ 

Mr. Allison moved to take up • /' 

Engrossed Senate bill No. 187. An act to amend sections three 
and fifty-three, of " an act entitled an act, to reduce the law incorpo- 
rating the city of Madison, and the several acts amendatory thereto 
into one act, and to amend the same," approved February 14, 18'48. 

Read second time by title only, and referred to Committee on 
the Judiciary. 

Engrossed Senate bill No. 188. A bill to amend the first and 
second sections of an act entitled " an act fixing the time of holding 
the Circuit Court in the First Judicial Circuit, and repealing all laws 
in conflict therewith, and making all writs, summonses and process, 
returnable thereto," approved March 7, 1861, so far as relates to 
the county of Jefferson, 

Which was read by title, and 

On motion of Mr. Allison, was laid on the table. 

Mr. Culver moved to take up 

Senate bill No. 189. An act to apportion Senators and Represen- 
tatives for the next four years, was read a second time by title only, 
and referred to Committee on Apportionment. 
S. J,— 7 



^ 



98 

Engrossed Senate bill No. 194. A bill requiring the State Board 
of Agriculture to publish semi-annual reports of their proceedings, 
and making appropriations therefor. 

Which was read by title and referred to the Committee on Agri- 
culture. 

Senate bill No. 200, entitled an act supplemental to "an act pro- 
viding for the settlement of decedents' estates, prescribing the rights, 
liabilities and duties, of officers connected with the management 
thereof, and the heirs thereto, and certain forms to be used in such 
settlement," approved June 17, 1862. 

Which was read by title and referred to Committee on Judiciary. 

Senate bill No. 203, entitled an act to authorize suits to be brought 
and executed to issue by and against firms or partnerships in the 
firm or partnership name. 

Which was read a second time by title and referred to Committee 
on Judiciary. . , , .. ,,,. ; 

Mr. Oyler moved to take up Senate bill No. 206. An act supple- 
mental to an act entitled " an act to authorize, regulate and confirm, 
the sale of railroads, to enable purchasers of the same to form cor- 
porations and to exercise corporate powers, and to define their rights, 
power and privileges ; to enable such corporations to purchase and 
contract connecting and branch roads, and to operate and maintain 
the same," approved March 3, 1865. 

Read a second time by title only, and referred to the Committee 
on Corporations. 

I ■ ■ '■■ ■ '' 
■ Mr. Niles introduced ,, ..... . . .;,. j ■ 

Senate bill No. 207. An act in regard to lot one, in block eighty- 
eioht, in the city of Indianapolis, owned by the State. 

Which was read a second time by title and referred to the Com- 
mittee on Finance. ' ■ ' ' ' 

Senate bill No. 209, entitled a bill apportioning Senators and Rep- 
resentatives. 

Which was read a second time by title and referred to a Select 
Committee on Apportionments. 

Mr. Thompson moved to take up 

Senate bill No. 212. An act to amend section 23 of an act entitled 



99 

" an act for the incorporation of Insurance Companies, defining their 
power and prescribing their duties," approved June 17, 1852. 

Read a second time by title only, and referred to Committee on 
Judiciary. ■ ^ 

Mr. Cobb moved to take up jf- 

Senate bill No. 213. An act to amend section 33 of an act enti- 
tled " an act to repeal all general laws now in force for the incorpor- 
ation of cities, and to provide for the incorporation of cities, to 
prescribe their powers and rights, and the manner in which they may 
exercise the same, and to regulate such matters as properly pertain 
thereto," approved March 9, 1857. 

Read a second time by title only, and referred to the Committee on 
Corporations. 

Senate bill No. 214, entitled a bill to define what ofiicers shall be 
elected by each House of the General Assembly, and fixing their 
compensation, and repealing all laws inconsistent therewith. 

Which was read a second time by title and referred to the Com- 
mittee on Finance. 

Mr. Hord introduced , 

Senate bill No. 215. An act to amend section 77 of an act enti- 
tled " an act to revise, simplify and abridge, the rules, practice, 
pleadings and forms, in criminal actions in the courts of this State," 
approved June 15, 1852, and declaring when the same shall take 
effect. 

Which was read a second time by title and referred to the Com- 
mittee on the Judiciary. 

Senate bill No. 218, entitled " An act to amend an act entitled an 
act to discourage the keeping of useless and sheep-killing dogs, and' 
providing penalties for the violation of any of the provisions of said 
act by ofiicers and others, and also repealing an act to license dogs, 
approved March 11th, 1861, and providing that nothing in thia act 
shall be so construed as to conflict with the provisions of an act, 
entitled an act for the protection of sheep, approved June 15th, 1852," 
approved March 2d, 1865. 

Which was read a second time by title, and referred to the Com- 
mittee on Agriculture. 



100 
Mr. Bennett moved to take up 

Senate bill No. 220. A bill disqualifying certain persons herein 
enumerated from voting at elections in this State, and prescribing 
penalties for violations hereof, and providing when the same shall 
take effect. 

Read a second time by title only, and referred to the Committee 
on Elections. 

Mr. Bonham introduced 

Senate bill No. 221. " An act for the punishment of officers of 
elections for receiving illegal votes." 

Which was read a second time by title, and referred to the Com- 
mittee on Elections. 

Mr. Hord introduced 

Senate bill No. 222. " An act to repeal all laws now in force 
establishing the times of holding Circuit Courts of the 1st Judicial 
Circuit, to fix the time of holding said courts, requiring all persons 
to take notice thereof, providing further return of process, and 
declaring when this act shall take effect." 

Which was read by title, and referred to a select committee from 
that judicial district, viz. : Messrs. Hord, Allison, Downey, Hyatt 
and Vawter. 

Mr. Bennett moved to take up 

Senate bill No. 223. A bill to authorize married women, under 
the age of twenty-one years, to join with their husbands in the con- 
veyance of his real estate in certain cases, and repealing all laws and 
parts of laws inconsistent therewith. 

Read a second time by title only, and referred to the Committee 
on the Judiciary. _.. .. , ;ji ., ., ,.^ u. v.^i--. 

Senate bill No. 224, entitled " An act to amend section seventy- 
six (76) of an act, entitled an act to revise, simplify and abridge the 
rules, practice, pleadings and forms in criminal actions of this State." 

Which was read a second time by title, and referred to the Com- 
mittee on the Judiciary. 

■; ■.':! y. 'Ki <' y^'i oJ- '^'l ;■>! .-.i iiaUi' 

Mr. Allison moved to reconsider the vote on referring Senate bill 
No. 214, to the Committee on Finance. 

Which was agreed to. ■''/•' '''■■■•; ■, - ■■'■.'-•; 



101 

Mr. Vawter moved to refer the bill to a select committee of five. 
Which was agreed to. 

Mr. Hord introduced ■ •• ■^■■' . . . i .■» - ■ •.■..:.-. '■ 

Senate bill No. 225. An act providing for the taking of deposi- 
tions of parties to civil actions in their own behalf, and declaring 
when the same shall take effect. 

Which was read a second time by title, and referred to the Com- 
mittee on the Judiciary. 

Mr. Cobb introduced 

Senate bill No. 228. " An act to amend an act, entitled an act 
to provide for the uniform mode of doing township business, prescri- 
bing the duties of certain officers in connection thereto, and to repeal 
all laws conflicting with this act," approved Feb. 18th, 1859. 

Which was read a second time by title, and referred to the Com- 
mittee on County and Township Business. 

The President announced the following changes in the Standing 
Committees : 

To the Committee on the Judiciary, add Mr. Allison. 

To the Committee on Federal Relations, add Mr. Reagan. 

To the Committee on Education, add Mr. Ward. 

To the Committee on Rights and Privileges of the Inhabitants of 
the State, add Mr. Terry. 

To the Committee on Elections, add Mr. Cullen. 

To the Committee on State Prisons, add Mr. Richmond in the place 
of Mr. Peden. 

The Senate concurred in the appointments. 

Mr. Dunning asked that a motion be made relieving him from duty 

on committees. 

Mr. Brown of Wells, made the motion. 

Which was agreed to. ' ' 

On motion by Mr. Allison, 
Senate bill No. 229, was read by title only, and referred to the 
Committee on the Judiciary. ' : ... ; 



102 

The President announced tlie following committee on Senate bill 
No. 214 : 

Messrs, Vawter, Williams, Noyes, Niles, and Beeson. ' C 

Mr. Vawter moved that -when the Senate adjourn, it adjourn to 

meet on Monday at 2 o'clock P. M., 

Which was agreed to. .;■'..., ', ■ .. - > fr<>rf^v 

. , ' /■':■ >'..■ ■ ■ ■ ■ ■■- r'\''ii 

On motion of Mr. Allison, 

The order of reading bills the third time Avas dispensed with. 

On motion of Mr. Brown of Wells, 

The Senate adjourned. . • •' ''^ " • :■ . -'q •■ 






^ '.:< -'•)T^'.a, 



MONDAY AFTERNOON, 2 o'clock p. m., \ 
November 20, 1865. j 

The Senate met. '' •' ■ ' ""'" ' ' -■ ^"- •'■ '■•:'<■!' 

A message was received from the House by Mr. Nixon, their 
Clerk. .::';,••'> ,•:'■" ': > •• ;: .'ji.^' ■';-:> .'^ • <yf 

Mr. President : " " "*'' ' ' * ' ' 

I am directed by the House of Representatives to inform the Senate 
that the House has concurred in the amendments of the Senate, to . 
Engrossed House bill No. 199, entitled " an act to provide for the 
distribution of the interest on the School, Sinking and Trust Funds, .} 
of this State, held for the support of commen schools, to repeal all I 
laws in connection therewith, and deckring an emergency." j-,-; 

I am also directed to inform the Senate that the House has passed, 
without amendment, the following engrossed bill of the senate, to-wit : 

Engrossed Senate bill No. 202. An act making a specific appro- i 
priation from the State Treasury. i;ij 



103 

The journal was read and approved. 

The President laid before the Senate the following communication 
from Lieut. Governor Conrad Baker : 

To the President of the Senate : 

Charles P. Jacobs, Esq., Private Secretary, is authorized, as here- 
tofore, to make Executive communications to the General Assembly. 
. . CONRAD BAKER, 

Lieut. Gov., acting as Gov. 
November 20, 1865. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. * ' 

Mr. Niles moved to suspend the order of business, and take up 
Senate bill No. 207, which was agreed to. . 

Mr. Niles moved to withdraw the bill from the files, 
Which was agreed to. 

Mr. McClurg offered a petition praying for the repeal of an act 
entitled " an act for the relief of the families of soldiers, seamen, 
marines" &c., approved March 4, 1865, 

Which was referred to the Committee on Finance. 

Mr. Brown, of Hamilton, offered the following petition, praying 
that the law be so changed as to the sale of spiritous liquors, that no 
license shall be granted in a city or township, where a majority of 
the legal voters remonstrate against it, 

Which was referred to the Committee on Temperance. 

Mr. Douglas offered a petition, praying for the repeal of an act 
entitled " an act for the relief of families of soldiers, seamen and 
marines," &c., approved March 4, 1865, 

Which was referred to the Committee on Finance. 

Mr. Thompson offered a petition praying for the repeal of an act 
entitled " an act for the relief of families of soldiers, seamen and 
marines," &c., approved March 4, 1865, 

Which was referred to the Committee on Finance, 



104 

]Mr. Allison presented the following petition from the Common 
Council of the City of Evansville, viz : » 

" To allow the Common Council power to take stock in any char- 
tered company for making roads, of any kind, and to provide water 
and gas for public and private consumption in said city," 

Which was referred to the Committee on Corporations. 

Mr. Ward offered the following petition praying that there be a 
law speedily enacted, with proper penalties, requiring all railroad 
companies within this State, to place suitable guards or blocks upon 
the rails of the side tracks, along their respective roads, at such dis- 
tance from the switches connecting with the main track, as Aviil make 
a space, of at least five feet, between the side and main track ; the 
guards or blocks to be of sufficient hight to prevent cars while stand- I 
ing on such side track, from running out into the switch, either by '^ 
force of wind or by the declivity in the track, thus preventing collis- 
ion with passing trains, and securing human life, ^ 

Which "was referred to Committee on Canals and Internal Im- ' '. 
provements. ' ' ' ■' ' ''•■ '■' 

A message was received from the Governor, accompanied with a 
bill on the subject of the Sanitary Commission. 

Mr. Cobb moved to refer the message and bill to a select commit- f 
tee consisting of one member from each Congressional District. 

Mr. Hanna moved to amend by having 500 copies of the message 
and bill printed. . . 

Which was agreed to. ■''' • ■■''[■ i-; 

The question being on the motion to refer the message and bill to ;j 
a select committee. 

It was so agreed by consent. 

'■■^ (■'•'''■ ■ : KESOLUTIONS. ' '' ' ' " -' ' 

Mr. Dykes introduced the following resolution : ' ■ - ' ' 

Resolved, That the Doorkeeper of the Senate be directed to con- | 
tract for and place upon the desks of the members of the Senate one | 
copy of the Evening Gazette. | 



105 
Messrs. Oyler and Dykes demanded the ayes and noes. • : - .'■ 

Those who voted in the affirmative were, 

Messrs. Allison, Bennett, Bonham, Brown of Hamilton, Cason, 
CuUen, Dykes, English, Hanna, Marshall, McClurg, Mason, Newlin, 
Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Van Bus- 
kirk, Ward, Wood, Wright and Mr. President— 25. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Cobb, Corbin, Douglas, Finch, Fuller, 
Gifford, Hyatt, Moore, Staggs, Vawter and Williams — 13. 

So the resolution was adopted. 

Mr. Bonham introduced the following resolution : 

Resolved, That the Librarian be instructed to furnish each Senator 
with three dollars worth of postage stamps. 

Mr. Oyler moved to amend by adding the words " and charge to 
the stationery account of Senators." 

Mr. Bennett moved to lay the amendment on the table. 

Messrs. Bennett and Oyler demanded the ayes and noes. 

I Those who voted in the affirmative were,, 

Messrs. Allison, Bennett, Bonham, Brown, of Hamilton^ Cason, 
Cobb, Corbin, English, Finch, Hanna, Marshall, McClurg, Mason, 
Moore, Newlin, Niles, Staggs, Terry, Thompson, Van Buskirk, Vaw- 
ter and Mr. President — 22. 

Those who voted in the negative were, 

Messrs. Barker, Cullen, Douglas, Dykes, Fuller, Gifford, Hyatt,. 
Noyes, Oyler, Reagan, Richmond, Ward, Williams, Woods and 
Wright— 15. 

So the amendment lies on the table. 

The question being on the adoption of the original resolution, 



106 

Messrs. Bonham and Hyatt demanded the ayes and noes, u-iinolt 

Those who voted in the aflSrmative were, 

Messrs. Allison, Bennett, Bonham, Brown, of Hamilton, Cason, 
Corbin, Douglas, Finch, Giiford, Hanna, Marshall, McClurg, Mason, 
Moore, Newlin, Niles, Reagan, Staggs, Terry, Thompson, Van Bus- 
kirk, Vawter, Ward, Williams and Mr. President — 25. , , , _ , 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Cobb, Cullen, Dykes, English, Fuller, 
Hyatt, Noyes, Oyler, Richmond, Woods and Wright — 13. 
So the resolution was adopted. 

Mr. Moore offered the following resolution : ' ' " 

Jlesolved, That the Committee on the Judiciary inquire into the 
expediency and propriety of reducing by law, the fare on railroads 
of this State, so as not to exceed three cents per mile, with leave to 
report by bill or otherwise. 

Which was adopted, and on motion, - . ■ 

Referred to the Committee on the Judiciary. : n . - ' . - 

Mr. Bonham introduced the following resolution: '•■'■ •'■ 

Resolved, That the Judiciary Committee be instructed to inquire 
into the expediency of limiting the number of Justices of the Peace 
to three in each county, to be districted for that purpose, and extend 
their jurisdiction in civil actions co-extensive with their respective 
counties, and report by bill or otherwise. , 

Which resolution was adopted. 

Mr. Cobb made the following report from the Select Committee on 

Senate bill No. 165 : 

' ■ ■ • ■ >■ 

Mr. President : 

The Select Committee, to whom was referred Senate bill No. 165, 
an act to amend the first and second sections of an act entitled, " an 
act to regulate the mileage of Sheriffs in conveying convicts to the 
State Prison ; and of County Treasurers in making deposits, and in 
their settlement with the Treasurer and Auditor of State, and the 
mileage of members of the General Assembly," have had the same 



107 

under consideration, and have directed me to report the same back to 
the Senate, and recommend its passage. 

The bill (165) was read a second time and ordered to be engrossed. 

Mr. Thompson asked and obtained leave to introduce the following 
report from the Select Committee on Senate bill No. 199 : 

Mr. President: 

The Special Committee, to whom was referred Senate bill No. 109, 
entitled an act to amend section one of an act entitled "an act to 
incorporate the Indianapolis Insurance Company," approved Feb- 
ruary 8, 183(3, have had the same under consideration, and report it 
back to the Senate and recommend its passage. 

The question being upon the third reading of the bill, 

Mr. Niles moved to refer it to the Committee on Corporations. 
Which was agread to. 

A message was received from the Governor by Mr. Jacobs, his 
private secretary, relating to Benevolent Institutions and State 
Prisons. 

Mr. Allison moved that 200 copies of the message and documents 
be printed for the use of the Senate. 
Which was agreed to. 

Mr. Oyler moved to commit to the proper committee, with instruc- 
tions. 

Which was agreed to. 

Mr. ]Moore offered the following resolution : 

Resolved, That the Committee on Finance be instructed to inquire' 
into, and report to this Senate, whether or not Government Bonds 
are taxed by the laws of this State, and if, in their opinion, they 
are not, that they report a bill taxing the same, as other property. 

Mr. Oyler moved to amend by referring to the Judiciary Com- 
mittee, which was accepted. 

Mr. Mason introduced the following amendment : 

That the resolution be amended, by the Secretary, so as to request 



108 



the Committee on the Judiciary — should they think the bonds referred., ; 
to taxable — to report by bill to this Senate, taxing the same. -; 

Mr. Bennett moved to lay the whole subject on the table. 

Messrs. Bennett and Vawter demanded the ayes and noes. 

Those who voted in the aflBrmative were, 

Messrs. Bennett, Bonham, Brown of Hamilton, Cason, Dykes, 
Hyatt, Noyes, Oyler, Pteagan, Terry, Thompson, Van Buskirk, Ward,. 
Woods — 14. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Bowman, Cobb, Corbin, Cullen, Douglas, 
English, Finch, Fuller, Gifford, Hanna, Jinkens, Marshall, McClurg, 
Mason, Moore, Newiin, Niles, Richmond, Staggs, Vawter, W^illiams, 
Wright, and Mr. President — 25. 

So the resolution and amendment do not lie on the table. 

Mr. Williams moved to lay the amendment of Mr. Mason on the 
table. 

Messrs. Oyler, and Williams demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Bowman, Brown of Hamilton, Cobb, 
Corbin, Douglas, Finch, Fuller, Hanna, Jinkens, Marshall, Moore, 
Staggs, Thompson, Vawter, and Williams — 17. 

Those who voted in the negative were, 

Messrs. Allison, Bonham, Cason, Cullen, Dykes, English, Gifford, 
Hyatt, McClurg, Mason, Newiin, Niles, Noyes, Oyler, Ptcagan, 
Ptichmond, Terry, Van Buskirk, Ward, Woods, Wright and Mr. 
President— 22. 

Mr. Williams moved to postpone the subject until to-morrow 
at 2 o'clock, P. M., 

Which was not agreed to. 

The question being on the adoption of the amendment offered by 
Mr. Mason, ' ■ -'' , 

Mr. Oyler moved the previous question, which was seconded : 

Shall the main question be now put ? 

It was so agreed. ,;,.,, k, ■;[•;■••'• .r 



109 

The question being on the adoption of the amendment, 

Messrs. Williams and Oyler demanded the ayes and noes. 

Those who voted in the affirmative were, . , . • 

Messrs. Allison, Bonham, Cason, Cullen, Djkes, English, Gilford, 
Hyatt, McClurg, Mason, Niles, Oyler, Reagan, Richmond, Terry, 
Van Buskirk, Ward, Woods, Wright, and Mr. President — 20. 

Those who voted in negative were, 

Messrs. Barker, Bennett, Bowman, Brown of Hamilton, Cobb, 
Corbin, Douglas, Finch, Fuller, Hanna, Jinkens, Marshall, Moore, 
Newlin, Noyes, Staggs, Thompson, Vawter, and Williams — 19. 

So the amendment was adopted. 

The question being on the adoption of the original resolution, 

Messrs. Bennett and Moore demanded the ayes and noes. 

Those who voted in the affirmative were. 

Messrs. Barker, Bowman, Cobb, Corbin, Douglas, English, Finch, 
Giiford, Jinkens, Marshall, McClurg, Mason, Moore, Nevvlin, Staggs, 
Vawter, Williams, and Wright — 18. 

Those who voted in the negative were, 

Messrs. Bennett, Brown of Hamilton, Cason, Cullen, Dykes, Fuller, 
Hyatt, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Woods, and Mr. President — 19. 

So the resolution was not adopted. , - 

Mr. Niles, from the Committee on the Judiciary, made the follow- 
ing report : 

Mr. President: 

The Judiciary Committee, to whom was referred Senate bill No, 
210, have had the same under consideration, and have directed me to 
report the same back to the Senate, recommending its passage. 

Which report was concurred in. 



110 

}Jr. Niles moved to consider the bill engrossed, and that it be read| 
vi third time now, 

"Which was agreed to. . • .,'.:;. 

, . ,. .>■■ 
Senate bill No. 210 was read a third time. 

The question being on the passage of the bill — shall the bill pass? — ■ 
the title of which is as follows : ' 

Senate bill No. 210. An act to amend section 58-4 of an act' 
entitled " an act to revise, simplify and abridge the rules, practice, ; 
proceedings and forms in civil cases in the courts of this State, to; 
abolish distinct forms of action at law, and to provide for the adminis- 
tration of justice in a uniform mode of pleading and practice, with- 
out distinction between law and equity." Approved June 28, 1852. 

Those who voted in the affirmative were, ,. . 

Messrs. Allison, Barker, Bennett, Bowman, Brown of Hamilton,- 
Cason, Cobb, Corbin, Cullen, Douglas, Dykes, Finch, Fuller, Gifford,: 
Hiinna, Hyatt, Jinkens, Marshall, McClurg, Mason, Moore, Newlin, 
Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, 
Yawter, Ward, Williams, Woods, Wright, and Mr. President — 36. , 






So the bill passed. • " 

The question being shall the title as reported stand as the title of 
the bill? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. ] 

Mr. Corbin, by consent, introduced the following concurrent reso- 
lution : 

Whereas, By the charter of the Terre Haute and Richmond rail- 
road, approved January 26, 1847, it was provided that after the 
dividends declared, shall amount to the full amount of the invest- 
ment of said road and ten per centum thereon, the Legislature may 
so regulate its tolls so that not more than fifteen per centum thereon 
shall be divided and the capital employed, and the surplus to be paid 
over to the Treasurer of State, for the benefit of the School Fund; 
and whereas, it is by said charter made the duty of said corporation 
to report under oath to the Legislature, when required, a correct 



Ill 

statement of all its profits and expenditures ; and whereas, also, it ia 
further provided that the State shall have the right, in time of war, 
to transport troops, munitions of war and provisions, free of toll on 
said road ; and also to keep a record of all their receipts and expendi- 
tures, which shall always be open to the inspection of any agent 
appointed by the Legislature for that purpose, and upon failure to 
comply with any of the provisions of their said charter, to repeal all 
powers granted under said act of incorporation ; and whereas further, 
it is believed that there is a large amount of money in the hands of said 
corporation which should have been reported and paid into the hands 
of the Treasurre of State, and the conditions of said charter in many 
other particulars been violated by said corporation. Now, therefore, 

Be it resolved hy the Senate, the House concurring, That the Presi- 
dent, Auditor and Treasurer, of said corporation be required to make 
a report to the Legislature at its present session, under their several 
oaths, the amount of the capital stock of said corporation, the amount 
of its gross income and disbursements; and that a committee of three 
be appointed, who shall be constituted agents on behalf of the State 
to inspect the books of said corporation, who are hereby authorized 
to send for persons, books and papers, for the purpose of such investi- 
gation. 

Mr. Corbin moved to refer to a Select Committee of Five. 
Which was agreed to. 

Mr. Bennett asked and obtained leave to introduce the followinf^ 
resolution : 

Resolved, That the Secretary and Assistant Secretary draw upon 
the Librarian for stationery, with the approval of the President of 
the Senate. 

Which was adopted. 

On motion, ■ • 

The Senate adjourned. • > ■ ■; 



112 

• ^- ' ■ ' ■'"■"'■ TUESDAY, 2 o'clock, p. m., \ 
T :. -'v November 21, 1865. / 

The Senate met. - ,i ; m, ■ ■ *■... r.v.t- 

"V ■ ■ ' 

The journal was read and approved. > ■ . :';,;i-v;'^. 

The President announced the following Select Committee, to whom 
was referred the Governor's Message and accompanying documents : 

.3d District — Senator Cobb, Chairman. 
''"'V 1st District — Senator Fuller. 

a ' . 2d District — Senator Bowman. •■ ■ •• • 

. ; : 4th District — Senator Gifford. ■ i ;;. ; : 

I 5th District — Senator Reagan. 

6th District — Senator Oyler. '^ :.'.,■ '<■■ w 

,' , , ., . 7th District — Senator Hanna. r ,.,... •, j^./ 

. 8th District — Senator Cason. . •. ., . . _, 

9th District — Senator Wright. •• ■• 

• *'•■• ■' 10th District — Senator Dykes. ' "'^ ■''■' 

llth District — Senator Bonham. 

The President announced the committee on the concurrent resolu- 
tion of the Senator from Marshall : 

Senators Corbin, Richmond, Hanna, Cull en and Cobb. 

^Ir. Williams moved that all petitions praying for the repeal of an 
net in favor of soldiers, seamen and marines, be referred to the Select 
Committee, heretofore appointed by the President upon that subject. 

Which was agreed to. ., .; ... 

Mr. Van Buskirk ofifered a petition, praying for the repeal of an 
act for the relief of the families of soldiers, seamen and marines, 
approved March 4, 1865. 

Which was referred to a Select Committee on that subject. 

^Ir. Wright offered a petition, praying for the repeal of an act for 
the relief of the families of soldiers, seamen and marines, approved 
march 4, 1865. 

Which was referred to same committee. 

Mr. Chapman offered a petition praying for the repeal of an act 
entitled " an act for the relief of the families of soldiers, seamen and 
marines," &c., approved March 4, 1865. 

Which was referred to same committee. 



11.^ 

Mr. Reagan offered a petition from the yearly meeting of the 
Religious Society of Friends, praying for the enlargement of the 
privileges of the colored people of the State. 

Which, on motion of Mr. Cullen, 

Was referred to the Committee on Rights and Privileges of the 
Inhabitants of the State, 

Mr. Van Buskirk offered a petition, praying for the repeal of the 
Black Laws, and asking for such legislation as will secure to the col- 
ored people the right to testify in courts of justice, and the benefits 
of the Common School system. 

Which was referred to the Committee on Rights and Privileges of 
the Inhabitants of the State. 

Mr. Niles, Chairman of the Committee on the Judiciary, offered the 
following report: 

Mr. President: ' ■ ' " ' • ' , 

The Judiciary Committee, to whom was referred House bill No. 58, 
entitled " a bill to amend the 5th and 6th sections of an act regula- 
ting interest on money, and to repeal an act entitled ' an act concern- 
ing interest on money,' " approved May 27, 1852, the 51st section of 
the act defining misdemeanors, and prescribing punishment therefor, 
approved June 14, 1852, with all other laws and parts of laws in 
conflict with this act, aaproved March 7, 1861, have had the same 
under consideration, and have directed me to report it back to the 
Senate and recommend its passage. ... - 

Which report was concurred in. ' 

House bill No. 58 W3.s read a second time and passed to a third 
reading. 

Mr. Bennett from the Committee on the Judiciary made the fol- 
lowing report : 

Mr. President : 

The Committee on the Judiciary to whom was referred a resolution 
of the Senate, instructing them to inquire into the expediency of 
limiting the number of Justices of the Peace, &c., have had the same 
under consideration, and have directed me to report the same back, 
and recommend that it be referred to the Committee on the Organi- 
zation of Courts. 

Which report w^as concurred in. -. : - 

S. J.— 8 



114 , 

Mr. Hanna from the Committee on Corporations made the follow- 
ing report : 

' ; ;■ \ ■ ■• ' '■''^" -^ '. . v-h--' ■ 

Mr. President : ••.,;/ 

The Committee on Corporations to whom was referred * t 

Senate bill No. 152, entitled an act to amend section seven of an 
act entitled " an act touching the laying out of towns and vacating 
towns, streets, alleys, public squares and grounds, or any part thereof," 
have instructed me to report the same back to the Senate, and rec- 
ommend its passag. , . 

Which report was concurred in. 

House bill No. 152 was read a second time and passed to a third 
reading. 

Mr. Richmond from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. President : 

The Committee on County and Township Business to^ whom waa 
referred 

i 

Senate bill No. 140, entitled an act to amend section eight of an 
act entitled " an act dividing the State into counties, defining their 
boundaries, and defining the jurisdiction of such as border an the 
Ohio and Wabash rivers,'' approved June 7, 1852, have had the same 
under consideration, and have directed me to report said bill back to 
the Senate, and recommend its passage, ^ .^ . 

Senate bill No. 140 was read a s-econd time and passed to a third 
reading. , 

Mr. Cason from the Judiciary Committee made the folUwing 
repoft : 

Mr. President: . , , . . ', . ,.. ; , :_ • 

The Judiciary Committee to whom was referred ;. . i i 

House bill No. 12, being " a bill to amend the first section of an 
act entitled ' an act for the protection of religious meetiugs, agricul- 
tual fairs, and other lawful assemblages of the people,' " approved 



115 

March 3, 1859, have had the same under consideration, and have 
directed me to report said bill back and recommend its passage. 
Which report was concurred in. 

House bill No. 12 was read a second time and passed to a third 
reading. 

Mr. Culver from the Committee on Corporations made the follow- 
ing report : 

Mr. President : 

The Committee on Corporations, to whom was referred 

Senate bill No. 175, an act to authorize the formation of compa- 
nies for the detection and apprehension of horse thieves and other 
felons, and for mutual protection, and for repealing all laws intro- 
duced herewith, have had the same under consideration, and ask that 
it be reported back, and recommend its passage. 

Which report was concurred in. 

Senate bill No. 175 was read a second time and passed to a third 
reading. 

On motion by Mr. Bennett 

The bill and report were laid upon the table until to-morrow. 

Mr. Hanna from the Committee on Corporations made the follow- 
ing report : 

Mr. President : 

The Committee on Corporations to whom was referred 

Senate bill No. 185, entitled an act for the incorporation of hotel 
companies, have instructed me to report the same back to the Senate, 
and recommend its passage. 

Which report was concurred in. 

Senate bill No. 185 was read a second time and passed to a third 
reading. , 



116 

Mr. Bennett, from the Judiciary Committee, mad > tlie following 
report : 

Mr. President: 

The Committee on the Judiciary, to whom was referred House bill 
No. 32, entitled " a bill to provide for taking the depositions, affida- 
vits and acknowledgements, of persons in the military or naval 
service of the United States," have had the same under considera- 
tion, and directed me to report the same back, and recommend that 
it be indefinitely postponed, for the reason that the em.ergency 
requiring the passage of such bill has, since the introduction of the 
same, ceased. , . ,, 

Which report was concurred in. ' ; ■ ■ ' • 

Mr. Allison, from the Judiciary Committee, made the following 
report : 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill No. 
229, ^vU act approved March 5, 1859, authorizing the purchase of 
railroads, plank roads and turnpike roads, under mortgage sale, &c., 
have had the same under consideration, and instructed me to report 
the same back without amendment, and recommend its pa.ssage. 

Which was read a second time and passed to a third reading. - 

Mr. Cullen moved to refer to Committee on Corporations. , ■: 

Which was agreed to. 

"A message -^'as received from the House by Mr. Nixon, their Clerk. 

Mr. President : 

I am directed by the House of Representatives to inform the Senate 
that the House of Representatives have passed the following engrossed 
bills of the Senate, to-wit: 

Senate bill No. 190. An act concerning the writ of habeas corpus, 
"with the following engrossed amendment thereto of the House of 
Representatives, to-wit : Amend by striking out the title of said bill 
and inserting thereof the following : " An act to amend the 716th 
section of an act entitled ' an act to revise, simplify and abridge, the 
rules, practice, pleadings and forms, in civil cases in the courts of 



117 

this State ; to abolish distinct forms of aclion at law, and to provide 
for the administration of justice in a uniform mode of pleading and 
practice, without distinction between law and equity,' approved June 
IS, 1862, so as to deprive the Supreme Court and the Judges thereof 
from taking original jurisdiction of writs of habeas corpus, and 
enlarging the powers and jurisdiction of the Circuit and Common 
Pleas Judges on writs of habeas corpus in certain cases, in this act 
provided and prescribed." Amend further, by adding to said bill the 
following section : 

Section 3. Whereas, An emergency exists for the immediate 
taking effect of this act, therefore, the same shall be in force from 
and after its passage and publication in the Indianapolis Daily 
Journal and the Indianapolis Daily Herald. 

The question being on the recommitting of Mr. Allison's report to 
the Committee on Corporations, pending which, 

Mr. Niles moved to take up the message from the House respect- 
ing Senate bill No. 196. 

The question being on concurring with the House in amendments 
to Senate bill No. 196— 

The following message, with accompanying documents, was received 
from the Lieutenant Governor by his private secretary, Mr. Ja,cobs : 

To the Senate and House of Representatives : 

I herewith respectfully transmit to the General Assembly the 
report of Col. James Blake, Commissioner of the Soldiers' National 
Cemetery at Gettysburg, Pennsylvania, appointed as such by the 
Governor of the State, together with the printed documents referred 
to in the report, and marked "A," " B," "C" and " D," respec- 
tively, and recommend the same to your careful consideration. 

I also transmit herevvith a printed pamphlet, entitled " Soldiers' 
National Cemetery at Gettysburg, Pennsylvania," giving the corres- 
pondence in relation to the enterprise which resulted in the incorpor- 
ation and establishment of this cemetery. From the documents 
submitted, it will be seen that the amount originally assessed as the 
quota of Indiana in defraying the expenses of the undertaking was 
$4,625.83, in part payment of which the sum of $1,156.60 was, oa 
the 1st day of June, 1864, remitted by the Governor to the Treasurer 
of the Association, leaving a balance of ^3,469.80 still due from this 
State, for which last named sum requisitions have long since been 



118 

made, but have not been honored for want of the necessary appro- 
priations to meet the requisitions. Gettysburg is the only battle-field 
of the late war in the North, and the remains of some eighty of the 
heroic soldiers of Indiana have been carefully interred in the National 
Cemetery, which has been established on the ground where they fell 
in defence of the country. I respectfully recommend that immediate 
provision be made for the payment of the balance of the assesment 
orio^inally made as the quota of this State, amounting, as before 
Btated, to the sum of $3,469.80. 

It will seem by Col. Blake's report, that, owing to the increased 
nrice of labor and materials, he estimates that the original assessment 
will be insufficient to meet our share of the cost of the undertaking 
by the sum of $2,400. Whether an appropriation should be made to 
meet this deficit, is respectfully submitted to the General Assembly, 
without any recommendation on that branch of the subject. 

Col. Blake, with the patriotism and public spirit which has charac- 
terized his long and valuable life, at the request of the Governor, 
and without compensation, took upon himself the duties of Cemmis- 
sioner for this State, visited Gettysburg, and participated in the 
proceedings of the Board of Commissioners in July last, performing 
the trusts confided to him in the most acceptable manner. 

I would be doing injustice to my own feelings, did I not thus offi- 
cially express the high appreciation in which his services are held. 

CONRAD BAKER, 

Lieut. Governor, acting Governor. 



To His Excellency, Gov. 0. P. diorton: 

giR : — Having been appointed by you as Commissioner of the Sol- 
diers' National Cemetery at Gettysburg, Pennsylvania, on the 1st of 
January last, I deem it proper to present a report of my action in 
the matter, and the present condition of the work. 

The charter of incorporation was granted by the Legislature of 
Pennsylvania, a copy of which is herewith enclosed and marked "A."' 
This charter defines the object of the Association, and the powers 
and duties of the Commissioners. 

The first meeting of the Board of Commissioners appointed in the 
in the charter, was held at Gettysburg, Pennsylvania, on the 6th day 
of April, 1864, at which meeting an organization was effected, proper 



119 

committees appotnted, and David Wills, the Commissioner from Penn- 
sylvania, was made President. 

Prior to my appointment, the Board had located the cemetery 
grounds, agreed upon a plan and design for a monument, and made 
an estimate of the expense. After this action, the work was com- 
menced. The first annual report of the Commissioners composing 
the Board of Managers was made December 7, 1864. This report, 
which is here enclosed, and marked " B," gives a detailed account of 
the proceedings of the Board, the progress and cost of the work up 
to that date, and there has been but little work done since that time. 
You will also find herewith enclosed the design of the cemetery 
grounds as now laid out, with a correct description marked " C." 
This plan and description gives the location of each State on the 
plat, as well as the proportion of ground alotted to each. 

The monument proper, is to be erected near the center of the 
grounds ; a design and description, as prepared by the designer, is- 
herewith enclosed, and marked " D." 

The only meeting of the Board which I have attended was held at 
Gettysburg, on the 4th day of July last, at which time the corner- 
stone of the monument was laid, and I enjoyed an excellent opportu- 
nity of inspecting the battle field in company with Maj. Gen. Howard, 
whose knowledge of localities and positions, rendered the visit one of 
more than ordinary interest. I carefully examined the ground and 
the work so far as completed. The stone fence being the outside 
enclosure, is an extensive, substantial structure, both as to material 
and construction. I can say the same as to the iron fences, so far as 
completed, and believe the work, so far, has been conducted with 
much good judgment and economy. 

The amount originally assessed to the State of Indiana, as will be 
seen by the report of the President of the Board, was four thousand 
six hundred and twenty-five dollars, ($4,625). 

In consequence of the increased price, both of materials and labor, 
this amount should be increased, and the appropriation made had 
better be about seventeen thousand dollars, and if not needed as 
Indiana's pro rata share of the expense, will not be drawn from the 
Treasury. _ , 

Respectfully submitted, 

(Signed ) JAMES BLAKE, 

Commissioner. 



120 

The question being on concurrence with the House in the amend- 
ments to House bill No. 196, Mr. Cason moved to postpone until 
Tuesday next, at 2 o'clock P. M. ; . . ;; : „, 't 

Which was agreed to. . , . ..■ ■.'',• . ' r:v;;. 

The question being on recommitting . . ;• m ;, , . 

House bill No. 120 to the Committee ou Corporations^ 

It was agreed to. .. ' ""[ 

Mr. Bennett from the Judiciary Committee made the following 
report r 

Mr. President : ,• • . 

The Committee to whom was referred 

, House bill No, 64, entitled "a bill to amend section 4Q6 of an aet 
entitled ' an act to revise, simplfiy and abridge the rules, practice, 
pleadings and forms, in civil cases in the courts of this State, to 
abolish distinct forms of action at lav^, and to provide- for the admin- 
istration of justice in a uniform mode of pleading and practice with- 
out distinction between law and equity,' " have had the same under 
consideration and direct me to refer the same back to- the Senate,, and 
recommend its passage. 

Which report was concurred in. ; • . : ^ 

House bill No. 64, was read a second time and passed to a third 
reading. 

Mr. Cason from the Judiciary Committee made the following 
report : 

Mr. President r . ■• ' -i 

The Committee to whom was referred .. 

House bill No. 27, being an act entitled " an act to legalize the 
acknowledgement of all deeds, mortgagee and other instruments 
required to be recorded, taken and certified by notaries public who 
took and certified such acknowledgments after the expiration of their 
commissions," have directed me to report said bill back, and recom- 
mend its passage. 

Which report was concurred in. 



121 

House bill No. 27 was read a second time and passed to a third 
reading. 

Bv consent of the Senate Mr. Ojler introduced the following : 

liesolved, That the Librarian be and is hereby authorized to draw 
an order on the Auditor for two hundred dollars, to be paid out of 
the appropriation for legislative expenses, for the purchase of post- 
ai^e stamps for the use of the Senate as per resolution of the Senate. 

Which resolution was adopted. 

Mr. Richmond from the Committee an the Organization of Courts^ 
made the following report : 

Mr. President : 

The Committee on the Organization of Courts to whom was referred 
Senate bill No. 22, entitled an act to amend section ten of an act 
entitled " an act providing for the elections and qualifications of 
justices of the peace, and defining their jurisdiction, powers and 
uuties, in civil cases," approved June 9, 1852, have had the same 
under consideration, and have directed me to report said bill back to 
the Senate and recommend its passage, 
Which report was concurred in. 

Senate bill No. 22 was read a second time and passed to a third 
reading. . 

Mr. Corbin, from the Committee on Benevolent Institutions, made 
the following report : 

Mr. President : 

The Committee on Benevolent Institutions to whom was referred 
House bill No. 67, entitled " a bill to entitle attorneys to hold liens 
on judgments," beg leave to report that they have had the same under 
consideration, and would recommend the beneficiaries of said bill as 
proper objects of benevolence, and would therefore recommend its 
passage. 

Which report was concurred in. ' - 

House bill No. 67 was read a second time and passed to a third 
readinsr. 



122 

Mr. Allison, from the Judiciary Committee, made the following 
i-eport : 

Mr. President: 

The Committee to whom was referred Senate bill No. 170, entitled 
" an act to authorize Trustees to sell and convey trust estates, and to 
reinvest the proceeds thereof," have instructed me to report the bill 
back, and recommend its indefinite postponement. In the judgment 
of the Committee the bill ought never to become a law of the State. 
It proposes, in brief, to permit any estate devised or conveyed in 
trust to a trustee or trustees for the benefit of any other person or 
persons whether the trust be or be not coupled with a power of sale 
to be sold by order of the Circuit Court of the proper county upon 
the application of the trustees, or any person or persons interested 
in said estate, whenever it shall be deemed proper to dispos^of the 
same for the support and education of the cestui que (rust, or for the 
purpose of reinvesting the proceeds in other property. The efi*ects 
of such a law would be to enable trustees or others interested in trust 
estates through the instrumentality of the courts, to defeat the inten- 
tion of the creator of the trusts. The law wisly permits a testator 
to dispose of his property according to his own pleasure, and if he 
devises it in trust, and desires his trustee to sell either for reinvest- 
ment, or for the support of the object of his bounty, he can so pro- 
vide in his will, and in the absence of such a provision it is not 
proper for the Legislature or the courts to amend his will or to 
thwart his intentions. For these and other reasons, the Committee 
recommend the indefinite postponement of the bill. 

Which, on motion, was concurred in. > ^ 

Mr. Oyler, from the Committee on the Organization of Courts, 
made the following report: 

Mr. President: 

The Committee on the Organization of Courts, to whom was 
referred House bill No. 43, entitled "an act to repeal an act to estab- 
lish courts of conciliation," beg leave to report that they have duly 
considered the same, and have instructed me to report the same back 
to the Senate without amendment, and recommend the passage of the 
same. 

Which report was concurred in. • . 



123 

House bill No. 43 vras read a second time and passed to a third 
reading. 

Mr. Cason, from the Committee on the Judiciary, made the follow- 
ing report : 

Mr. Peesident: 

The Judiciary Committee, to whom was referred the resolution of 
the Senator from Owen, in relation to the expediency of reducing 
the fare on railroads of this State to three cents per mile, have had 
the same under consideration, and have directed me to report said 
resolution back, and that the same do lie on the table, for the reason 
that, in the opinion of your Committee, it is inexpedient to legislate 
upon the subject. 

The report was not concurred in. 

Mr. Moore moved to refer to a Select Committee of Five. 
"Which was agreed to. 

The President announced said committee as follows : 

Messrs. Moore, Williams, Brown of Wells, Corbin and Culver. 

Mr. Reagan, from the Committee on Corporations, made the fol- 
lowing report : 

Mr. President : 

The Committee on Corporations, to whom was referred Senate bill 
No. 206, entitled " an act to authorize, regulate and confirm the sale 
of railroads, to enable purchasers of the same to form corporations, 
to exercise corporate powers and to define their rights, powers and 
privileges, to enable such corporations and branch roads, and to 
operate and maintain the same," approved March 3, 1865, and for 
the purpose of making the same more definite and certain, have had 
the same under consideration, and have directed me to report the bill 
back to the Senate, and recommend its passage. 

Which report was concurred in. 

: Senate bill No. 206 was read a second time and passed to a third 
reading. 

Mr. Allison, from the Judiciary Committee, made the following 
report: 

Mr. President: 

The Judiciary Committee, to whom was referred Senate bill No. 



124 

72, entitled " an act prescribing the form of deed that may be use^ 
by SheriiTs and Coroners," have had the same under consideratioB 
and being satisfied that a deed made according to the present require 
nients of the statute on that subject, will be short enough for a] 
practicable purposes, and that further legislation upon that subject i 
unnecessary, have instructed me to report said bill back, and recom 
mend that it lie on the table. , , ..,;,, 

Which was concurred in. 

Mr, Oyler, from the Committee on Elections, made the following 
report : 

Mr. President : 

The Committee on Elections, to whom was referred Senate bill No, 
221, offered by Senator Bonhara, entitled " an act for the punish' 
ment of officers of elections for receiving illegal votes," have full^j 
examined said bill and report the same back to the Senate, withou 
amendment, and recommend its passage, 

Which report was concurred in. 

Senate bill No. 221 Avas read a second time and passed to a thirc 

reading. ■ ; : . 

Mr. CuUen from the Committee on Elections made the followingi 

report : ... , . ,■;' \ 

I 

, , , ■ ' ' " ', I 

Mr. President: l 

The Committee on Elections, to whom was referred Senate bill No., 
220, enticled a bill disqualifying certain persons from voting, andj 
prescribing penalties, have had the same under consideration, and 
direct me to report the same back to the Senate, with the recommen-, 
dation that the same be referred to the Judiciary Committee for theiri 
opinion as to the constitutional question involved therein. 

W^hich report was concurred in. 

A message was received from the Governor, by Mr. Jacobs, his 
Private Secretary : 

Mr. President : 

I am directed by the Governor to inform your honorable body that 
he has approved and signed Enrolled Senate bill No. 202, entitled 



an act making specific appropriations from tho State Treasury," 
.nd that the same has been deposited in the office of the Secretary 
.f Stata. • • - • -■'' ' ■ ■ ■■ ■ • ■'• 

i Mr. Ward, from the Committee on Corporations, made the follo'sv- 
n2r report : 

Jr. President : 

The Committee on Corporations, to whom was referred Senate bill 
io. 211, entitled an act " supplimental to an act entitled 'an act to 
'ncorporate the White River Navigation Company,' " approved Feb- 
■uary 13, 1851, and an act entitled an act to amend the third section 
)f an act entitled " an act to incorporate the White River Navigation 
Company," approved February 13, 1851, " and to extend the rights 
i.nd privileges of said Company," have had the same under consid- 
jration, and have directed me to report the same back to the Senate, 
Vithout amendment, and recommend its passage, 
I Which report was concurred in. 

I Senate bill No. 211 was read a second time and passed to a third 
^eading. 

' Mr, CuUen, from the Committee on the Organization of Coun?, 
nade the following report : 

SI?.. President : 

The Committee on the Organiziition of Courts, to whom was 
•eferrcd Senate Bill No. 156, an act to am.cnd the fourth section of 
m act entitled " an act to limit the number of grand jurors, and to 
ooint out the manner of their selection, defining their jurisdiction, 
:md repealing all laws inconsistant therewith," approved March 4, 
1852, " and to change the form of the oath of grand jurors," have 
lad the same under consideration, and direct me to refer the same 
iack to the Senate, without amendment, and recommend its passage. 
I Which rep ore was concurred in. 

Senate bill No. 156 was read a second time and passed to a third 
peading. 

' Mr. Ward, from the Committee on Corporations, made the foliow- 
ng report : 

Mr. President : " 

The Committee on Corporations, to v horn ^as referred Senate bill 



126 i 

I 

No. 199, entitled " an act to amend an act to incorporate the Indian- 
apolis Insurance Company," approved February 8, 1836, have had 
the same under consideration, and have directed me to report the 
same back to the Senate -without amendment, and recommend its 
passage. : 

Which report was concurred in. i 

Senate bill No. 199 was read a third time. I 

The question being on the passage of the bill, 1 

Shall the bill pass? , ■' ,, 

Those who voted in the affirmative were, | 

Messrs. Allison, Barker, Bennett, Bonham, Bowman, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Cullen,, 
Douglas, Dykes, Finch, Fuller, Gifford, Hanna, Jinkens, Marshall, 
Mason, Milliken, Newlin, Niles, Oyler, Reagan, Richmond, Staggs, 
Thompson, Vawter, Ward, Williams, Woods and Mr. President — 34. 

Those who voted in the negative were, 

Messrs. Hyatt, Moore, Noyes, Terry and Wright — 5. 

So the bill passed. 

Shall the title of the bill be as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Brown moved to suspend the order of business, and intro-i 
duce a resolution. 

Messrs. Bennett and Brown of Wells, demanded the ayes and 
noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bonham, Bowman, Brown of Wells, Corbin, Cul- 
len, Douglas, Finch, Fuller, Jinkens, Mason, Newlin, Staggs, and 
Williams— 14. 

Those who voted in the negative were, 
Messrs. Allison, Bennett, Brown of Hamilton, Cason, Chapman, 



127 

Cobb, Calver, Dykes, Gifford, Hanna, Hyatt, Marshall, Millikenj 
Moore, Niles, Noyes, Oyler, Reagan, Terry, Thompson, Vawter, 
Ward, Woods, Wright and Mr. President— 25. 

So the rules were not suspended. 

Mr. Cullen moved that the Senate adjourn. 
Which was agreed to. 



WEDNESDAY, 2 o'clock, p. m.,-^ 
November 22, 1865. / 

The Senate met. 

The Assistant Secretary proceeded to read the journal, 

When, on motion of Mr. Bennett, 

The further reading of the journal was dispensed with, 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

Mr. Wright presented a petition, praying for the repeal of an act 
entitled " an act for the relief of the familes of soldiers, seamen, or 
marines," approved March 4, 1865. 

Which was referred to a Select Committee on that subject. 

Mr. Van Buskirk presented a petition in reference to the sale of 
spirituous liquors. 
Which was referred to the Committee on Temperance. 

Mr. Brown of Wells, introduced a petition, praying for the repeal 
of an act entitled " an act for the relief of the families of soldiers, 
seamen and marines," approved March 4, 1865. 

Which was referred to a Select Committee on that subject. 



128 



EEPORTS FROM STANDING COMMITTEES. 

Mr. Terry, from the Committee on Roads, made the following 

report : :•.;.,'• '■ '• ^r • :';• • 

Mr. President : , , , ..■ 

The Committee to whom was referred House bill No. 79, entitled, 
" a bill to amend an act entitled 'an act providing for the election 
and appointment of Supervisors of Highways, and prescribing cer- 
tain of their duties, and those of county and township officers in 
i-elation thereto," approved March 5, 1859, have had the same under 
consideration, and direct me to report the same back to the Senate 
with the following amendments, and when so amended recommend its 
passage: Amend by inserting "able bodied" before the word 
"male" in the second line of section 6 of amended bill, and strike 
out the word " pensioners " where it occurs in the same line. 

House bill No. 79 was read a second time. 

A message from the Governor, hj his Private Secretary, Mr. 

Jacobs : ' 

2o the Senate and 

House of Jiepresentafivcs : '■"■"■' " "* '. ' ■'' * 

At the commencement of the present special session. His Excel- 
lency, the Governor, in his message invited your attention to the 
necessity of the speedy establishment of an Institution in which 
Pndi.ma soldiers and seamen, disabled by wounds or disease con- 
tracted in the service of the United States, shall be cared for and 
maintained during the continuance of the disabilities under which 
they are laboring. He also said in the same connection that the 
United States General Hospital at Jeffersonviile is one of the most 
complete establishments of the kind in the country, and is well 
adapted to the purposes of a Soldiers' Home, and that he had writ- 
ten to the Secretary of War and Surgeon General for information 
as to whether the Government would be willing to turn over this 
hospital to the State of Indiana, to be used in the establishment of 
such an Institution, should the State desire it ; and that the answer, 
when received, would be communicated to the General Assembly. 

Since the departure of Governor Morton, a communication has 



129 

been rt'iceivcd from the office of the Surgeon General, in reply to his 
letter of inquiry mentioned in his message, in which it is stated that, 
upon app'icution to that effect by the State of Indiana, the Surgeon 
General uill recommend that the General Hospital at Jeffersonville 
be turned over to the State authorities, upon the same terms as the 
Triplcr Hospital was turnscd over to the State of Ohio. A copy of 
this communication from the Surgeon Gcnerars Office is herewith 
respectfully submitted. .,, .... ■• ; 

I have no definite information as to the terms upon which Tripler 
Hospital was turned over to the State of Ohio, but believe that the 
only terms required was a guarantee on the part of the State that 
the property donated should be faithfully applied to carry out the 
object for which it was given. 

I have written to the Surgeon General, since the receipt of thk 
communication, for information as to the precise term.s upon which 
Tripler Hospital was donated to the state of Ohio. 

If the land upon which the General Hospital at Jeitersonville is 
situated, comprising, as I am informed, about one hundred and sixty 
acres, can be procured at a reasonable price, this offer of the Gov- 
ern m nt to turn over the Hospital buildings, with their appurtenances, 
would seem to afford a solution of the Soldiers' Home question, so 
far as its location is concerned. Indeed, if such an institution is to 
be at all provided by the State, or the people, and of this I do. not 
permit myself to doubt, we cannot afford ta- decline the offer of build- 
ings and improvements of the value of not less than three hundred 
thousand dollars, adapted to the accomplishment of the very object 
we have in view, whether the owners of the land will or will not 
consent to sell it for a reasonable price. 

If they refuse thus to sell, the reme<.]y of the State is. plain. It is 
to provide by legislative enactment for the taking of the property, 
and for the assessment of just compensation, to which the owners 
would be entitled under the Constitution. With these suggestions 
the whole subject is again commended to your careful consideration. 

Whenever an anwer is received from the Surgeon General, as to 
the terms upon which Tripler Hospital was turned over to the State of 
Ohio, it Vtill be coram-unicated to the General Assembly. 

CONRAD BAKER, 

Lieut. Gov., actinq Gov. 
S. J.— 9 :• • ■ ■ ■■ . 



130 



Surgeon General's Office, Washington, D. C, \ 
November 16th, 1865. / 

His ExcelUficy, 0. P. Morton, 

Governor of Indiana : \ ■ . 

Sir : — I am instructed to acknowledge the receipt of your commu- 
nication of the 13th inst., relative to providing a home for the wounded 
soldiers of Indiana, and to inform you that, upon application to that 
effect, the Surgeon General will recommend that the General Hos- 
pital at Jeffersonville, Indiana, be turned over to the State author- 
ities upon the same terms as the Tripler Hospital was turned over to 
the State of Ohio. 

By order of the Surgeon General. 

Very respectfully your obed,t serv't, 

W. C. SPENCER, 

Asst. Surgeon Gen. 

Mr. Bennett offered the following amendment to Mr. Terry's 
report : 

Amend section four by striking out the words, " the rate of one 
dollar and fifty cents per day " and insert the words, " at such rate 
as the supervisor may deem reasonable, not exceeding two dollars 
per day." 

Mr. Williams moved to strike out of the amendment the words, 
" not exceeding two dollars." 

Mr. Cullen moved to lay the amendment to the amendment on 
the table, 

Which was agreed to. ■• ,.. 

Mr. Cullen moved to lay the amendment of Mr. Bennett on the 
table. , ,, ■ V 

Messrs. Cullen and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Brown of Hamilton^ 
Brown of Wells, Cason, Cobb, Cullen, Dykes, English, Finch, Gifford, 
Hanna, Hyatt, Jinkens, Marshall, Milliken, Newlin, Oyler, Reagan^ 



131 

Staggs, Terry, Thompsoo, Van Buskirk, "Vawter, Ward, Woods and 
Wright— 29. 

Those who voted in the negative wefre, i 

Messrs. Bennett, Chap man, Corbin, Culver, Douglas, Fuller, McClurg, 
Mason, Moore, Noys, Richmond, Williams and Mr, President 13," 

So the amendment was laid on the table. 

The question being upon concurrence in the report, 

Mr. Richmond offered the following amendment : 

Amend by striking out so much of section three a^ occurs after 
the word '' cease " in the fourth line of said section. 

Mr. Cobb moved to ky the amendment on the table, 
Which was agreed to. 

The report was then concurred in, and the bill passed to a third 
reading to-morrow. 

Mr. Wright, from the Committee on Roads, made the following 
report : 

Mr. Presidsnt ". 

I am directed by the Comtnittee on Roads to report Senate bill 
No. 134, entitled an act to amend an act entitled "an act to provide 
for the el-ection or appointment of supervisors of highways and 
prescribing certain of their duties, and those of county and township 
officers in relation thereto," approved March 5, 1&59, back to the 
Senate and recommend that it lie on the table, as the House bill, 
now before the Senate, covers all the provisions of this bill. 

Which report was concurred in>. 

Mr. Bennett made the following report from select committee, to 
^hom was referred Senate bills Nos. 197 and 198 : 

Mr. President : 

The select committee to whom was referred Senate bills Nos. 197 
and 198, entitled an act to repeal an act entitled "an act for the 
relief of families of soldiers, seamen and marines, and sick and 
bounded Indiana soldiers in Hospitals in the State and United States, 



132 

and of those who have died or been disabled in sach service, and 
prescribing the duties of certain officers therein named," approved 
March 4, 3 865, have had the same under consideration, and have 
directed me to report No. 198 back, with the following amendments 
thereto : 

Amend section seven as follows: after the word "and" in the 
fourth line thereof, insert the words, " retained in the several counties 
where the same was levied under the control of the Board of County 
Commissioners, and by them," — and when so amended they recom- 
raend its passage ; and they further report back No. 197, and recom- 
mend that it be indefinitely postponed, for the reason that No. 198 
is upon the same subject. 

Which report was concurred in. 

BIr. Cullen moved to suspend the rules and read the bill a third 
time now. 

i 

l^Iessrs. Cullen and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were. „ 

Messrs. Allison, Barker, Bennett, Bcnham, Bowman, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Cullen, Dykes, 
Finch, Fuller, Gifford, Hanna, Hyatt, Jinkens, Mason, Milliken, 
Moore, Newlin, Noyes, Oyler, Reagan, Richmond, Staggs, Terry^. 
Thompson, Van Buskirk, Ward, Williams, Woods, Wright and Mr. 
President — 36. 

Those who voted in the negative were, 

Messrs. Corbin, Douglas, English, Marshall, MeClurg and Vaw-- 
ter — 6. 

So the rules were suspended. 

Senate bill 198 was read a third time. ' •. .■/■;. :.'. -f ■' - \ ' in 

The question being on the passage of the bill, . ,,. .,^,.., ../.; ,, 

Shall the bill pass ? . .s;, . ■.-••.,! 

Those who voted in the affirmative w£fe, 

Messrs. Allison, Barker, Bennett, Bonham, Bowman,. Brown of , 



13'3 

Hamilton, Brown of Wells, Cason, Chapman, Cobb, Culien, Culver, 
Douglas, Dykes, English, Finch, Fuller, Gifford, Hanna, Hyatt, 
Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Newlin, Noyes, 
Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, 
Vawter, Ward, Williams, Woods, Wright and Mr. President — 41. 

Mr. Corbin being the only one who voted in the negative. 

So the bill passed. 

The question being shall the title, as r«ad, be the title of the bill ? 

It was so ordere<i. 

Oi'dered, That the Secretary inform the House thereof. 

Mr. Cason, from the Committee on Federal Relations, submitted a 
■minority report on Mr. Bennett's resolution in relation to the trial 
■and punishment of Jefferson Davis. 

Mr. H^anaa submitted a minority report upon the same subject. 

Mr. Cason moved to lay both reports on the table, and mak-e them 
"the special order for Tuesday, December 2Gth, 1865, at 9 o'clock A. M. 
Whidi was agreed to. 

Mr. Oyler moved that 500 copies of each report be printed for the 
iiise of Senators. 

Mr. Richmond moved to amend by striking out *' 500 '' and insert- 
ing "100" in lieu tJiereof. 

Mr. Oyler accepted the amendment. 

The question beisg on the adoption of the motion, 

Messrs. Oyler and Culien demanded the ayes and noes. 

Those who voted in the affirmative were, ' 

Messrs, Barker, Bennett, Bonham, Brown of Hamilton, Brown of 
Wells, Cason, Corbin, Douglas, Hanna, Jinkens, McClurg, Newlin, 
Noyes, Oyler, Van Buskirk and Mr. President — 16.| 

Tho«e who voted in the negative were, a u . . 

Messrs. Allison, Bowman, Chapman, Cobb, Culien, Culver, DykeSj 



English, Fuller, Gifibrd, Hyatt, Marshall, Mason, Milliken, Moore^ 
Reagan, Richmond, Staggs, Terry,. Thompson, Vawter, Ward, Wil- 
liams, Woods and Wright — 25. 

So' the motion^ was not adopted. 

Mr. Richmond, from the Committee on County and Towiaship Bus- 
iness, made the following report i j 

Mr. President : . ; •' ; 

The Committee on County and Township Business, to who-m was. • 
referred Senate bill No. 69, entitled an act to repeal the 119th sec- I 
tion of an act entitled " an act to provide for the valuation and i 
appraisement of real and personal property, and the collection of i 
taxes in the State of Imiiana, for the election of Township Assessors,. ; 
and prescribing the duties of Assessors, appraisers of real property,, ' 
County Treasurers and Auditors of State," approved June 21, 1852, 
have had the same under consideration, and have directed me tO' , 
report the bill back to the Senate, with the recommendiation that it I 
be indefinitely postponed. 

Which was concurred in. 

, ' . .' '■ - , • ■ 

Mr. Bennett moved that Senate bill No. 175' be takea from the 
table and placed upon the files.. ,. 

Mr. Cull en introduced the following resolution;! - i i 

Resolved, That Pat Brannin be allowed the sum of fifteen dollars 
for three days' services performed under the direction, of Captain ^ 
Johnson, at the beginning of the present session. 

Which was agreed to. ■,; . i-. 

Mr. Gifford introduced the following resolution : 

Resolved, That the Committee on Finance be instructed to inquire " 
into the expediency of amending the revenue law so as to require 
County Treasurers to deduct the indebtedness to the county of every 
person to whom a county order is issued, before payiag the same. 

Which was agreed to. 

Mr. Bennett introduced the following res-olution :: 

Resolved, T^at the Principal and Assistant Secretasies and Doo£- 



135 

keepers of the Senate be authorized to draw from the Librarian three 
dollars' worth of postage stamps each. 
Which was agreed to. 

Mr. Cobb introduced 

Senate bill No. 232. An act appropriating certain sums of money 
for the payment of Washington H. Talbott, and the heirs of France s 
Costigan, deceased. 

Which was read a first time and passed to a second reading. 

On motion of Mr. Vawter, 
The rules were suspended, and Senate bill No. 21 was read a 
second time, and ordered to be engrossed. 

Mr. Williams introduced 

Senate bill No. 283, entitled, "an act to enable any child hereto- 
fore adopted, or which may be hereafter adopted, by any person under 
the laws of any State of the United States, to take and hold real 
estate in this State as if the child had been adopted under the laws 
and within the State of Indiana. 

Which was read a first time and passed to a second reading. 

Mr. Cason introduced 

Senate bill No. 234. An act supplemental to an act approved 
June 11, 1852, entitled, "an act for the incorporation of towns, 
defining their powers, providing for the election of the officers 
thereof, and declaring their duties. 

Which was read a first time and passed to a second reading. 

Mr. Culver introduced 

Senate bill No. 235. An act to amend " an act in relation to 
County Auditors," approved May 21, 1852. 

Which was read a first time and passed to a second reading. 

Mr. Richmond introduced the following resolution : 

Resolved, That the Doorkeeper of the Senate be authorized and 
directed to procure and place upon the desk of each Senator two 
hundred two cent postage stamps. 

Which was agreed to. • 



136 

Mr. Y.'ard introduced ' . ■. ' ' 

Senate bill No. 236. A bill requiring railroad companies to fur- 
nish transportation to persons desiring to ship live stock, or other '! 
freight, over their roads, and requiring such companies to charge a j 

uniform rate therefor. 

I 

Which was read a first time and passed to a second reading. 

Mr. Niles, from the Judiciary Committee, made the following 
report : 

Mr. President: -j- ■ ■ ■• ' ~- . ' ':♦ ' 

The Judiciary Committee, to whom was referred House bill No. 
57, entitled, *' a bill to amend section 784 of the Practice Act," have 
had the same under consideration, and have directed me to report the 
same back to the Senate and recommend that it be indefinitely post- 
poned, as they consider the proposed legislation inexpedient. 

"Which report was concurred in. ,, -[ .., 

Mr. Noyes introduced , ■.. ,, 

Senate bill No. 237, an act entitled " an act requiring all property 
hereafter sold by virtue of any court, or in pursuance of any process 
of law, to be sold without appraisement, and repealing ail laws incon- 
sistent therewith." '. ' '. :,.■'.% 

Read a first time and passed to a second reading. >.^ • j 

Mr. Bonham introduced . i ; i ,,, 

Senate bill No. 238. An act prescribing certain qualifications of 
attorneys at law for practicing in the courts of this State, and 
declaring the punishment for the same, and repealing all laws in con- 
flict therewith. 

Which was read a first time and passed to a second reading. 

Mr. McClurg introduced 

Senate bill No. 239. An act authorizing the session of Common 
Pleas Courts in this State after the time of holding Circuit Courts, 
when the time of their sessions comes in conflict, and declaring an 
emergency. 

Which was read a first time and passed to a second reading. 



137 
Mr. Thompson introduced the following resolution : '' 

Resolved, That the special message of His Excellency, Governor 
Baker, on the subject of the National Cemetery at Gettysburg, with 
the accompanying report of Special Commissioner Col. James Blake, 
be referred to the Financial Committee, with instrnction to report by 
bill or otherwise. .. ;, . , ■ ■ 

y/hich was adopted, ,. . 

Mr. Dykes introduced :"r .;;■•. '; 

Senate bill No. 240. An act to amend sections 3 and 4 of an act 
entitled " an act to regulate and license the sale of spirituous liquors, 
malt, and other intoxicating liquors, to prohibit adulteration of liquors, 
to repeal all laws contravening the provisions of this act, and proscrib- 
ing penalties for the violation thereof," approved March 5, 1859, and 
prescribing penalties in case of second or subsequent conviction. 

Which was read a first time and passed to a second reading. 

Mr. Niles, from the Judiciary Committee, made the following 
report. : 

.. ■:,...: -, , ^j^ . ; -i , ■ 

Mr. President: . .,• ' ..-i 

I am directed by the Judiciary Committee to report Senate bill 
No. 216, an act to repeal sections 43 and 44 of an act entitled " an 
act prescribing who may make a will, the effect thereof, and what 
may be denied, regulating the revocation," back to the Senate, and 
recommend its passage. ,, .. ,, . , 

Which was concurred in. , V , ■ 

Senate bill No. 216 was referred back to the Judiciary Com- 
mittee. , 

Mr. Bennett made the following report, from a select committee, 
on fees and salaries : 

t2>lR. Presidfmt : 

The select committee to whom was referred Senate bill 226, enti- 
tled a bill to amend sections 10, 12, 13,14, 15, 16, 17, 18, 21, and 
22, of an act entitled " an act regulating fees of officers, and repeal- 



138 

ing former acts in relation thereto," approved March 2, 1855, have 
had the same under consideration, and have directed me to report 
the same back, without amendment, and recommend its passage. 

Mr. Bennett moved to make the bill, 226, the special order for 
2 o'clock to-morrow. 

Mr. Bennett, from a select committee on fees and salaries, made 
the following report : 

Mr. President : ,■..'•' 

The select committee, to whom was referred Senate bill No. 138, a 
bill to amend section 30 of " an act regulating fees of officers, and 
repealing former acts in relation thereto," approved March 2, 1855^ 
have had the same under consideration, and have directed me to 
report the same back, and recommend its passage. 

Senate bill No. 138 was read a second time and passed to a third 
reading. 

Mr. Cason introduced . ■ 

Senate bill No. 241, entitled an act to amend an amendment of 
an act entitled " an act in relation to witnesses, and to repeal section 
238 of article 13 of the act entitled 'an act to revise, simplify and 
abridge the rules, practices, pleadings and forms of actions at law, 
and to provide for the administration of justice in a uniform mode 
of pleading and practice, without distinction between law and 
equity,' " approved June 18, 1852, and to repeal all laws inconsist- 
therewith, and providing when the act shall take effect and be in 
force, which took effect and went into force March 17, 1861. 

Which was read a first time and passed to a second reading. 

Mr. Cullen moved to adjourn, 

Which was agreed to. ■■..■.i>. •!.•■.;•;,'..! . ' 



IS^ 



THURSDAY AFTERNOON, 2 o'clock, 
November 23, 1865. 



The Senate met. 



The Secretary proceeded to read the journal, when, 
On motion of Mr. Bennett, 

The further reading of the joiirnal v/as dispensed with. 

A message from the Governor, by his Private Secretary, Mr, 
Jacobs : 

To the Senate and 

House of Representatives : 

I beg leave to respectfully call your attention to the propriety of 
passing a Joint Resolution, asking Congress to make a donation of 
lands to the company incorporated under the laws of this State to 
construct a harbor at Michigan City. 

Some forty years ago there was cut off from the Territory of Michi- 
gan a strip of land ten miles in width, which was added to the State 
of Indiana, for the purpose of affording her a safe harbor. For the 
purpose of constructing a harbor at Michigan City, the Government 
made appropriations, extending through a series of years, amounting 
in the aggregate to $135,000, but these were given in such small 
sums, and at intervals so distant from each other, as to render them 
comparatively ineffectual ; yet, with all these drawbacks, a harbor 
was made, which, for some years, gave to our State quite an amount 
of shipping. On the completion of the Michigan Central Railroad, 
the harbor at Michigan City was abandoned by the Government, and 
for want of repairs, and being exposed to the storms of the lake, the 
upper works which had been erected, were gradually loosened and 
fell, and the sand drifting across the cribs, finally choked up the 
mouth of the creek, and the harbor became inaccessible to any but 
small fishing vessels. 

Citizens of Indiana, convinced that the State should have a port oii 
our great inland seas as well as Ohio and Illinois, formed a Company 
under the laws of the State, for the purpose of rebuilding this har- 
bor. To this Company Congress ceded all the Government work that 
remained, and gave p^ermission for the work to be prosecuted as had 



140 

already been successfully done by a Company at Milwaukee, under a 
like cession by the Government. The Michigan City Harbor Com- 
pany are thoroughly organized, and -already stock has been sub- 
scri'bed to the enterprise, amounting to $135,000 ; and assurances 
have been received by the Company that the L. N. A. & C. R. R. 
Company will take stock to the amount of $100,000 as soon as it is 
ascertained that the bal-ance necessary to complete the work can be 
procured. 

Competent engineers employed to examine the work, have estimated 
that the entire amount required to complete the work and secure to 
our State a permanent lake harbor, will not exceed $300,000. 

On the beneSts to be derived by our State from the establishment 
of a port of entry and departure on its northern borders, it is diffi- 
cult to place too high an estimation. In the transportation of wheat 
from points north of the ^Yabash, fifteen cents per bushel will be 
saved the producer, that being the diiference between railroad and 
lake transportation. Salt from Saginaw, which is extensively used 
by our packers, with this harbor completed, could be delivered at 
Michigan City as cheaply as at Chicago, thereby resulting in an 
immense saving to the people of Indiana who reside north of the 
Wabaeh. The imn mines of Lake Superior, too, would be opened 
to our State, and in view of our coal beds and the vast quantities of 
bog ore wliich is so valuable when mixed with the Lake Superior 
iron, the proprietors of mines on Lake Superior would erect blast 
furnaces and rolling milli in Indiana, shipping their crude ore to this 
. State ibr that pui-pose, and therefore furnish a market for the coal 
and iron deposits of our State. There would also be a saving of 
some forty per cent, on pine lumber, as it could be delivered at 
Michigan City at the same rates as at Chicago. The limits of this 
communication would not permit an enumeration of all the advan- 
tages to result to the State from the construction of a harbor on its 
nortliern border ; a few of them, only, have been alluded to. 

In asking Congress to grant to the Company a donation of lands 
to aid in the construction of the harbor, the General Assembly 
would only be soliciting that numerous precedents furnished by 
land appropriations in aid of other public works, should be followed. 
I respectfully recommend the passage of a joint resolution, request- 
ing Congress to make a, donation of lands to aid in the completion of 

the work. 

,.. . , ,- . CONRAD BAKER, 

i ■ ; ■ • Lieut. Governor, acting Governor. 



141 

Mr. Oyler moved to refer to a Select Committee of Five. 
Yv^hich was agreed to. 

!Mr. Yan Buskirk asked and obtained leave to introduce 

Senate bill No. 242, entitled an act to amend section 11 of '^ an 
act to fix the time of holding the Common Pleas Courts in the several 
counties of this State^ the duration of the terms thereof, and makina^ 
all processes from the present Common Pleas Courts returnable to- 
such terms, and declaring when this act shall take effect, and repeal- 
ing all laws inconsistent therewith," approved March 5, 1859. 

Which was read a first timfe and passed to a second reading. 

Mr. Van Buskirk asked and obtained leave to introduce . 

Senate bill No. 243, entitled " an act to fix the time of holding the 
Circuit Courts in the Fourth Judicial Circuit of the State, composed 
of the counties of Franklin, Union, Fayette, Rush, Shelby, Decatur 
and Dearborn, and repealing all laws in conflict therewith." approved, 
1865. 

Which was read a first time and passed to a second reading. 

A message was received from the House, by their Clerk, Mr. 

Nixon, 

Mr. President : 

I am directed by the House of Eepresentatives to inform the Sen- 
ate that the House has passed the following engrossed bill of the 
Senate, to-wit : 

Engrossed Senate bill No. 16. A bill to amend section 349 of 
an act entitled " an act to revise, simplify and abridge the rules, 
practice, pleadings and forms, in civil cases in the courts of this State, 
to abolish distinct forms of action at law, and to provide for the 
administration of justice in a uniform mode of pleading and practice, 
without distinction between law and equity," approved June 
18,1852. 

Mr. Bennett moved to take up Senate bill 226, • '' ■ " 
Which was agreed to. * 

The Secretary then proceeded to read Senate bill 226, by sec- 
tions. 



142 

Mr. Moore moved to strike out of section first " all that part tliat 
relates to the pay of County Commissioners." 

The question being upon the adaption of the amendment, ' ' 

Mr. Bennett moved to lay the amendment on the table. 

Messrs. Moore, and Brown of Hamilton, demanded the iiyes and 
'aoes. y 

Those who voted in the affirmative v/ere, 

Messrs. Allison, Bennett, Bonham, I^rown of Hamilton, Cason, 
€orbin, Cullen, Culver, Davis, Douglas, Dykes, English, Finch, Gaff, 
<jifford, McCiurg, Mason, Milliken, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, Ward, 
Woods, Wright and Mr. President— 32. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Brown of Wells, Cobb, Fuller, Hyatt, 
-Jinkens, Marshall, Moore, Vawter and Williams — 11. 

So the amendment was laid on the table. . 

Mr. Mason moved to amend by striking out "five" and inserting 
*' four." 

Mr. Bennett moved to lay the amendment on the table. 

Messrs. Moore and Mason demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Bennett, Bonham, Bowman, Cason, Cobb, Cullen, 
•Culver, Davis, Dykes, English, Gaff, Gifford, McClurg, Newlin, Niles, 
Noyes, Richmond, Van Buskirk, Ward, Wright and Mr. Presi' 

dent— 22. 

Those who voted in the negative were, i> .''..;):•* 

Messrs. Barker, Brown of Hamilton, Brown of Wells, Corbin^ 
Douglas, Finch, Fuller, Hyatt, Jinkens, Marshall, Mason, Milliken, 
Moore, Oyler, Reagan, Staggs, Terry, Thompson^ Vawter and Wil- 
liams — 20. 

So the amendment was laid on the table. 



143 
Mr. Cobb introduced the following amendment : 

"After the words when they appearand defend, add 'successfully.' " 
Which, on motion, was adopted. 

Mr. William offered the following amendment : 

" Strike out all in second section that relates to proFecuting Attor- 
neys." 

Which was not adopted. 

Mr. Brown, of Wells, offered the following amendment : 

" Amend so as to provide that the prosecuting attorney shall 
receive a fee of ten dollars in all cases of divorce in which he is nov/, 
by law, required to appear and defend." 

Mr. Oyler moved to lay the amendment on the table, 
Which was agreed to. 

Mr. Bennett offered the following amendment : 

Amend section second by inserting "ten" instead of "five" in 
divorce cases. 

Pending which, the following message was received from the Gov- 
ernor, by his Private Secretary, Mr. Jacobs : 

To the Senate and House of Representatives : 

I herewith respectfully transmit a communication from the Treas- 
urer, Auditor and Secretary of State, and the Clerk of the Supreme 
Court, in relation to the exposed condition of the public records, 
archives and papers of the State, especially as pertaining to the offi- 
ces of the Auditor, Treasurer and Secretary of State. 

In consideration of the inevitable burdens in the shape of taxa- 
ation, which must be borne by the people for some years to come, I 
would gladly avoid, if a sense of duty would permit, any suggestion 
the effect of which, might be to increase the levy for State purposes 
But when the extreme danger of destruction to which the public 
records are now exposed, and the fact that the rents now paid for 
rooms and offices, would, in a few years, procure safe depositaries 
and the additional fact that the value of these records cannot be 



14i 

estimated in dollars and cents, are all considered, sound economy ag 
well as duty to the public, would seem to require that some action 
should speedily be taken to avoid so great a calamity as the destruc- 
tion of the archives of the State would be. It v/ill be seen by the 
communication before referred to, and herewith transmitted, that the 
State ofScers suggest two plans for finding offices, without expressing 
a preference for either. One of these plans is to purchase the bank- 
ing House at the intersection of Illinois street and Kentucky ave- 
nue, the other to build new offices on the grounds owned by the 
State immediately north of the State House. I have given the sub- 
ject some consideration, and, in my judgment, safety, economy and 
good polic3% would dictate tlie purchase of tb.e building before men- 
tioned, if it can be procured on reasonable terms. 

The considerations in favor are that, without any addition thereto, 
it is believed the building can be made to accommodate the Auditor, 
Treasurer and Secretary, of State, on the first floor, and furnish a 
room for each of the Judges of the Supreme Court, and an audience 
room for their consultations and for the hearing of oral arguments, 
on the second floor. It also contains two superior vaults, in which 
the more valuable of the public records can be be kept. It is iso- 
lated and comparatively free from exposure to fire, possessing a 
metalic roof, and, in vievr' of its position, might almost be considered 
as fire- proof. By its purchase the public records could at once be 
removed to a place of security, the payment of rents for rooms and 
offices would at once ceose, and the General Assembly would, at the 
outset, knovr the whole amount necessary to be expended to accom- 
plish the object. Besides all this, if the lot and building should be 
purchased at a fair price, and the State should hereafter not need 
the same, there is not even a remote probability that the property 
could not at any future time be sold for its original cost. If, how- 
ever, on the other hand, the plan of building olr.ccs should be adopted, 
the building would not probably be completed short of a year from 
tills time, during which rents would continue to be paid, and the 
public records would continue to be exposed to destruction. The 
expenditues, also, would doubtless bo much greater than would be 
required to purchase the building before alluded to ; and whatever 
the estimates might be, the ultimate actual cost of the building would 
be a matter of conjecture, and would never be ascertained until the 
work was completed. 

x\t my request, a diagram has been prepared, showing the number 
and situation of the rooms and vaults of the bank building before 



145 

mentioned, and also tlie size and shape of the lot upon which it is 
situated, -which diagram is herewith respectfully submitted. In view 
of the whole subject, I earnestly recommend that a joint committee 
of both Houses be at once appointed to visit ami inspect the offices 
of tlie Auditor, Treasurer and Secretary of State, and their sur- 
roundings, to inquire into the amount of the Supreme Court for their 
chambers, and to consider the suggestions of the State officers con- 
tained in the communicp.tion herewith subnatted, with instructions to 
the committee to report at an early day in favor of such action as all 
the circumstances and the public interests may require. 

CONRAD BAKER, 
Lieutenant Governor^ acting as Governor. 

.Mr. Niles moved to refer the Governor's message to a Select Com- 
mittee, to consist of three members from the Senate and five from 
the House. 

Which was agreed to. 

The question being on the amendment of Mr. Bennett, 
It Vv'as adopted, 

Mr, Dykes offered the following amendment to section six: 

Strike out " one dollar and a half,"' and insert " two dollars." 

Messrs, Allison and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs, Allison, Bonham, Brown of "Wells, Corbin, Cullen, Culver 
liDavis, Douglas, Dykes, Finch, Fuller, Gifford, Ilanna, Hyatt, 
McClurg, Mason, Milliken, Newlin, JSiles, Koyes, Oyler, Reagan, 
Staggs, Thompson, A^an Euskirk, Yawter, Ward, Williams, Woods, 
Wright and Mr. President. — 31. 

I Those who voted in the negative were, 

Messrs. Barker, Bennett, Bowman, Brown of Hamilton, Cason, 
Ohapman, English, Gaff, Jinkens, Marshall, Moore and Terry — 13. 
So the amendment was adopted. 

I The President laid before the Senate a petition from the Grand 
Jamp of the Hosts of Temperance. 

Which, on motion, was referred to the Committee on Temperance. 
S. J.— 10 



14G 

Mr. Van Buskirk offered a petition praying for tlie disfrancliise- 
ment of all persons wlio left the country during the late rebellion, for 
the purpose of avoiding the draft, and also for the disfraachisement- 
of deserters from the United States army. 

Mr. Cullen moved to refer to the Comemitte on Eights and Privi- 
leges. 

Mr. Oyler moved to amend by referrring to the Judiciary Com- 
mittee, 

"Which was accepted and agreed to. 

Mr. Oyler, from the Committee on the Organization of Court?, 
presented the following report : 

Mr. President : 

The Committee on the Organisation of Courts, to whom was refer- 
red the resolution of Senator Bonham, instructing said committee to 
inquire into the expediency of limiting the number of justices of the 
peace, have had the same under consideration, and having duly con- 
sidered the same, have instructed me to report to the Senate, that 
in the opinion of your committee, the number of justices of the peace, 
in many localities, is at present much larger than the necessities of 
the public demand, and that the welfare of the people would be 
enhanced by restricting the number of justices to one in each town- 
ship, with an additional provision to provide for the v»-ants of our 
cities, and incorporated towns, and have instructed me to report a 
bill in accordance therewith, said bill being reported with^ and made 
part of this report. 

The committee further report that, in the opinion of your commit- 
tee, it is inexpedient to further extend the jurisdiction of justices of; 
tlie peace in civil actions. 

Which report was concurred in. 

And Senate bill No, 244, entitled an act to amend an act entitled 
" an act providing for the election and qualification of justices of 
the peace, and defining their jurisdiction, powers, and duties in civil 
cases," approved June 9, 1852, 

Was read a first time and passed to a second reading- 



147 

Mr. Brown of Wells, from the Committee on Rights and Privileges, 
made the following report : 

Mr. President: 

The Committee on Rights and Privileges, to whom -was referred 
Senate bill No. 208, entitled "an act to provide for the construction 
of sewers v/ithin incorporated towns, define the powers and duties 
of the board of town trustees in relation thereto, and repeal all other 
laws in conflict therewith," having deliberated upon the same, have 
instructed m'e to report the bill back, with the amendments below 
given, with the recommendation that the bill, when so amended, be 
passed : 

Amend section one by striking out the words " any incorporated 
town in this State," found in the fifth line : also, strike out in the 
sixth line, the words, " in any incorporated " and insert in lieu thereof 
the words, "in such: " also, in the seventh line, strike out the words,. 
'• in this State." 

Amend section two by striking out the words, " and shall also 
determine and specify said records," found in the sixth and seventh 
lines. 

Amend section nine by striking out all after the word " right,^* 
found in the eighth line. 

Which report was concurred in. 

Senate bill No. 208 was read a second time. 

Mr. Thompson moved to recommit the bill to the Committee on^ 
Corporations, 

Which was agreed to. 

Mr. Oyler, from the Committee on Roads, made the following- 
report : 

^Ir. President : 

"- The Committee on Roads, to whom was referred Senate bill Noo- 
217, offered by Senator Cullen, entitled an act to amend sections 1, 3 
and 14, of an act entitled " an act to allow County Commissioners, to 
organize Turnpike Companies, where three-fifths of the persons own- 
ing the real estate within prescribed limits, petition for the same, and 
to levy a tax for its construction, and to provide for the same to be 



free," Lave had the same under advisement, and having duly consid- 
ered the same, have directed me to report the same back to the 
Senate, with the following amendments : 

Add, at the close of the amendment to the third section, tlu? 
following : 

Provided, That the amendment to the 1st and 3d sections of this 
act shall not extend to companies heretofore organized under said 
act, unless such companies shall accept the amendment of and to 
said act. Strike out section 14 as amended, and insert in lieu 
thereof, the following : 

Sec. 14. The Company shall have the right to enter upon the 
lands of any persons adjoining or near to the road and appropriate 
and remove therefrom any earth, timber, gravel, or stone, belonging 
to such person for the construction of the road, having first tendered 
to the owner thereof the damages therefor, the damage to be deter- 
mined as follows : Such Turnpike Company shall select one disin- 
terested freeholder of the county in which the road is situate, and 
the owner of said property, upon notice from such Company, shall 
select one disinterested freeholder of such county, who, after having 
been duly sworn by any officer authorized to administer oaths, shall 
proceed to assess the same, and shall return under their oaths the 
amount of such damages to the Clerk's office of such county, fi;r the 
use of the owner of such property, and such Company shall, upon 
such filing, pay into the Clerk's office the amount of said damages, 
for the use of the owner of such property ; and upon the payment 
into the Clerk's office of such damages, such Turnpike Company shall 
have the right to remove and apply to the construction of such road 
any and all of the property so appraised, provided, that if the owner 
of said property shall fail or refuse to select such appraiser as above 
provided, the Company may select both, and in case said two ap- 
praisers shall fail to agree, they shall have power to select a third, 
the decision of any two of them to be final. If such person shall 
decline or refuse to accept said damages, he shall have a right of 
action in any court of competent jurisdiction, but if upon the trial 
of said cause he shall fail to recover a greater amount than the dam- 
ap-es assessed and tendered as above provided, he shall not recover 
cost in said action; and when so amended, recommend the passage 
of the same. 

Which report was concurred in. 



149 

Mr. CuUen moved to suspend tlie previous order of business, and 
read the bill a third tinne now. 
Which was agreed to. 

Senate bill No. 217 was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bonham, Bowman, Brown of 
Hamilton, Brovrn of Wells, Cason, Chapman, Cobb, Corbin, Cullen, 
Culver, Davis, Dykes, Finch, Fuller, Gaff, Gifford, Hanna, Hyatt, 
Jiiikens, Marshall, McClurg, Mason, MilUken, Newlin, Niles, Oyler, 
Reagan, Richmond, Stag:5s, Terry, Thompson, Van Buskirk, Vawter, 
Ward, Williams, Yfoods and Wright— 40. 

Mr. Moore, only, voting in the negative. 

So the bill passed. 

The question being shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Bennett moved that when the Senate adjourn, it be until nine 
o'clock to-morrow morning. 
Which was adopted. 

Mr. Brown of Wells, asked and obtained leave of absence for a 
Select Committee until ten o'clock to-morrow morning. 

Mr. Mason asked and obtained leave to introduce 

Senate bill No. 245. An act in relation to the admission of the 
testimony of jurors in granting new trials. 

Which was read a first time and passed to a second reading. 

Mr. Vv'right moved to adjourn. 
Which was agreed to. 



150 



FRIDAY MORNING, 9 o'clock, ) 
November 24, 1865. f 

The Senate met. 

The Secretary proceeded to read the journal, "when, 

On motion of Mr. Gifford, 

The reading was dispensed with, 

Mr. Bennett moved to suspend the previous order of business, and 
take up Senate bills on a third reading. : 

Mr. McClurg moved to amend by adding second and third reading, 

Mr. Y/illiams laoved to lay the motion and amendment on the 
table, 

Which was agreed to. 

Mr. Cobb asked and obtained a leave of absence for Mr. Coibin. 
until Tuesday next. 

'\Ir. AYard asked and obtained a lenvc of r.bsence for Mr. V.''oods. 

Mr. Gifford asked and obtained a leave of absence for Mr. Noyes. 

The President announced the following special committee on the 
Governor's message: 

Senators Oyler, Niles, Corbin, Noyes, and Hanna, 

The President announced the following Senate joint committee on 
the message of tlie Governor, transmitting a communication of State 
officers, &c : 

Senators Niles, Cobb and Bennett, 

Mr. Moore offered the following resolution : 

llesolved, That the State Librarian be requested to furnish station- 
ery as required of him by resolution, at what the same can be pur- 
chased for at the book and stationery stores in the City of Indi- 
anapolis. 



151 
Mr. Bennett moved to lay the resolution on the table. 
Messrs. Bonham and Noyes demanded the ayes and noes. 
Those who voted in the afSrmative -svere, 

Messrs. Allison, Barker, Bonham, Brown of Hamilton, Cason 
€hapman, Cullen, Culver, Davis, Dykes, Gaff, Gifford, Hyatt, McClurg, 
Milliken, Niles, Noyes, Oyler, Reegan, Richmond, Staggs, Terry, 
Van Buskirk, Ward, Woods, Wright and Mr. President — 27. 

Those who voted in the negative were, 

Messrs. Bennett, Brown of Vrells, Cobb, Corbin, Finch, Fuller, 
Marshall, Mason, Moore, Newlin, Vawter and Williams — 12. 

So the resolution was laid on the table. 

Mr. Bennett moved to reconsider the vote on the adoption of the 
two-cent stamp resolution, 
Which was agreed to. 

Mr. Bennett moved to lay the resolution on the table, 
Which was agreed to. 

Mr. Vawter offered the following resolution: 

Iie>^oh'ed, That the Committee on Finance be directed to investigate 
z claim held by George H. Murphy, for lands purchased of the State, 
the title to which failed, and if the same be just, that they incorpo- 
rate the same in special appropriation bill. 

Which resolution vras adopted. 

Mr. Brown of Wells, offered the following : 

Iiesohrd, That a committee of eleven be appointed, to be denomi- 
nated the Committtee on the A<:ricultural Colle^je of the State. 

Mr.. Vawter moved to amend by retaining the committee of last 
session. 

Which was accepted and agreed to. 

Mr. Vawter offered the following resolution : 

Resolved, That the Committee on Education be directed to enquire 
into the expediency of so amending the school law : 

Firsts To establish high-school districts. 



152 

Second, To provide a board to consist of the trustee and actual 
teachers in each township, to decide what text books shall be used in 
t!ie schools of that township. 

Third, Whether it is desirable to have free schools for a greater 
length of time, and if so, what legislation will be necessary to effect 
that object. 

Which resolution was adopted. 

Mr. Staggs offered the following resolution : 

Iiesolved, That the Auditor of State draw his warrant on the 
Treasurer of State, in favor of Patrick Brennin, for nine d lys ser- 
vices rendered the Legislature at last session, at five dollars per dav, 

Mr. Oyler moved to refer to the Committee on Claims, 
Which was agreed to. 

On motion of Mr. Bennett, 

The reference of Senate bill 204, "a bill in relation to witnesses," 
was changed from the Committee on the Judiciary, to the Committee 
on Ri'a-hts and Privileges of the inhabitants of this State. 

Mr. Mason moved to refer Senate bill No. Gi3 back to the Select 
Committee on that subject. 
Which was agreed to. 

BILLS INTRODUCED. 

Mr. Allison introduced 

Senate bill No. 246. An act to repeal the 17th section of an act 
to incorporate the Firemen and Mechanics' Insurance Company, and 
declaring an emergency. 

Which was read a first time and passed to a second reading. 

Mr. Allison moved to read the bill by title. 
Which was agreed to. 

Senate bill 24G was read a second time by title and referred to the 
Committee on Corporations. 

Mr. Cullen introduced 

Senate bill No. 247, entitled ''an act to authorize plank, Macad- 



153 

amizod and gravel, road companies to enter upon adjacent lands and 
appropriate and remove earth, stone, timber and gravel, for the con- 
straction of their roads, and matters properly connected therewith, 
and declaring an emergency." 

Which was road a first time and passed to a second reading, 

Mr. Cullca moved to suspend the rales and read the bill a second 
time now. 

Which was agreed to. 

Senate bill No. 247 was rca 1 a second tlra'^ and referred to the 
Committee on Roads. 

Mr. Culver introduced 

Senate bill No, 248, entitled '• an act to restrain certain animals. 
therein named, from running at Urge." 

Which was read a first tinie and passed to a second reading. 

Mr. Dykes introduced 

Senate bill No. 24^, entitled "an act defining the powers of com- 
panies organized to construct canals for hydraulic purposes." 

Which was read a first time by section, and a second time by title, 
for reference. 

Mr. Dykes moved to refer Senate bill Na. 249 to the Committee 
on Canals and Internal Improvements. 
Which was agreed to. 

Mr. Niles introduced 

Senate bill No. 250, entitled "an act-to secure a just valuation of 
all railroad property within this State for assessment and taxation 
for State, county and town purposes, to legalize the valuation and 
assessments, and the adjustment and payment of taxes for such prop- 
erty heretofore made, and providing for an appeal to the State Board 
of Equalization." 

Which was read a first time. 

Mr. Vawter moved that the bill be read a second time by title and 
referred to the Committee on Railroad Appraisements. 
Which was agreed to. 

Mr. Yawter was made Chairman of said committee. 



154 
Mr. Vawter introduced 

Senate bill No. 251. A bill to amend sections 14, 15 a.nd 24, of 
an act entitled, "an act for the opening, vacating and change of 
liighwajs," approved June 17, 1852. 

"Which was read a first time and passed to a second readin<'. 

Mr. Cason introduced 

Senate bill No. 252. An act to amend the 2d section of the act 
for the incorpora'ion of manufacturing and mining companies, and 
companies for mechanical, chem.ical and building, purposes,'' approved 
May 20, 1852. 

Senate bill No. 252 was read a first time. 

^Ir. Cason moved that the bill be read a second time, by title, and 
referred to the Committee on Roads. 
Which was agreed to. 

Mr. McClurg introduced » 

Senate bill No. 253, entitled, "an act to relieve -Auditors, Treas- 
urers, Township Trustees, Assessors and other officers, for the year 
1SG5, from the penalties attached for the violation of an act entitled 
"an act to discourage the keeping of useless and sheep-killing dogs, 
&.C., approved March 2, 1865, and declaring an emergency. 

Which was read a first time and passed to a second reading. 

iSlr. Culver introduced 

Senate bill No. 254, entitled an act to amend section 2 of an act 
entitled " an act to provide a treasury system for the State of Indiana 
for the maiiner of receiving, holding and disbursing, the public moneys 
of the State, and for the safe keeping of public moneys."' 

Senate bill No. 254 was read a first time by sccticns, a second time 
by title and referred to the Committee on Finance. 

Mr. Cobb introduced 

Senate bill No. 255. A bill to amend the 2d section of an act 
supplemental to an act entitled " an act for the incorporation of high 
schools, academies, colleges, universities and misssionary boards,'' 
approved February 28, 1855. Approved March 5, 1859. 

W^hich was read a first time and passed to a seco id. reading. 



155 

Mr. Allison introduced 

Senate bill No. 256, entitled an act to amend section 40, clause oO, 
of an act entitled " an act granting the citizens of the town of Evans- 
Iville a city charter," approved January 27, 1847. 

! Senate bill No. 256 was read a first time by sections, a second tin^e 
by title, and referred to the Committee on Corporations. 

Mr. Bennett introduced 

Senate bill No. 257, entitled " a bill to authorize the location and 
maintenance of private cemeteries, and adix penalties for violation 
of its provisions, 

Which was read a first time by sections, a second time by title, and 
referred to the Committee on Rights and Privileges of the Inhabi- 
tants of the State, 

Mr. Ilanna introduced 

Senate bill 258. An act to amend section 96 of " an act providing 
for the settlement of decedents' estates, prescribing the rights, liabil- 
ities, and duties of officers connected with the management thereof, 
and the heirs thereto, and certain forms to be u.-;ed in such settle- 
ment," approved June 17, 1852. 

Mr. II anna moved that 

Senate bill No. 258 be read a first time, and referred to the Judi- 
ciary Committee, 

Which was agreed to. 

Mr. Bennett introduced 

Senate bill No. 259, entitled a bill to amend section 21 of "an act 
prescribing the manner of holding elections, ' 

Which was read a first time by sections, a second time by title, 
and referred to the Committee on the Judiciary." 

Mr. Culver introduced 

Senate bill No. 260. An act to amend section 207 of article 11 
of an act entitled " an act to revise, simplify and abridge the rules, 
practice, pleadings and forms, in civil cases in this State, to abolish 
distinct, forms of action at law, and to provide for the administration 



156 

of justicG in a uniform mo;le of pleading and practice, witliout disi 

tinction between law and equitj," approved Jane 18, 1852. | 

Whicli was read a first time bj sections, a second time bj title; 

and referred to the Judiciary Committee. ' 

I! 

SEXATE BILLS OX SECOND READING. ; 

Senate bill No. 230, entitled " an act in relation to the oro;aniza-| 

tion of the Senate and House of Representatives," ; 

Vfhich was read a second time, and ' 

On motion of Mr. Bennett, j 

V/as referred to the Committee on Finance." " 1 

I 

Senate bill No. 231. An act to legalize and render valid and effec-| 
tual all the orders, judgments and other proceedings, made, rendered, I 
and had by and before the Common Pleas Court of Clinton county, 
in this State, held in the court house of said county, in the months 
of October and Novenber, in the year one thousand eight hundred and 
sixty-five, and then and there, by and before the several judges of 
the said county, 

Which was read a second time and passed to a third reading. 

Senate bill No. 232, entitled a bill appropriating a certain sura of 
money for the payment of Washington II. Talbott, and the heirs C 
Francis Costigan, deceased, 

Was read a second time. 

Mr. Cobb moved to refer to the Committee on Claims, 
Which was agreed to. 

Senate bill No. 233. An act to enable any child heretofore adopted, 
or which may be hereafter adopted by .-my person under the laws ol 
any State of the United States, to take and hold real estate in this 
State, as if the child had beed adopted under the laws of, and within 
the State of Indiana, 

Was read a second tine, and 

On motion of Mr. Oyler, 

Was referred to the Committee on the Judiciarj^. 

Senate bill No. 231, entitled an actsupplimental to an act, approved 
June 11, 18G2, entitled " an act for the incorporation of towns defin- 



157 

(T their powers, providing for the election of the ofiicers thereof, 
ad dedaring their duties, 
Which vras read a second time. 

Mr. Yan Buskirk moved to refer to the Committee on Corpo- 
ations, 
t Which was agreed to. 

I Senate bill Ko. 235, entitled an act to nmend an set entitled "an 
ct in relation to county auditors," approved May SI, 1852, was read 
second time, and 

On motion of Mr. Culver, 
I Referred to the Committee on County and Township Business. 

f: 

[ Senate bill No. 236. A bill requiring railroad companies to fur- 
lish transportation to persons desiring to ship live stock or other 
reight over their roads, and requiring such companies to charge a 
■,mform rate therefor, 
Which was read a second time, and 

On motion of Mr. Oyler, 

Referred to a special committee consisting of one from each Con- 
ressional district. 

Senate bill No. 207. An act entitled an act requiring all property 
lereafier sold by virtue of an older of court, or in pursuance of 
iny process of law, to be sold without appraisement, and repealing 
dl laws inconsistent therewith. 

Which was read a second time, and referred to the Judiciary 
|)ommittee. 

Senate bill No. 238. An act prescribing certain qualifications of 
attorneys at law for practicing in the courts of this State, and declar- 
ug the punishment for the violation of the same, and repealing ai 
laws in conflict therewith. 

'■ Which was read a second tinie and referred to the Committee on 
,he Judiciary. 

I 

Senate bill No. 239. An act authorizing the sessions of Common 
li'leas Courts in this State after the time of holding Circuit Courts, 



wlien the time of tlioir sessions comes in conflict, and cleclaring an, 

emergency. i 

Pending the reading of whicli, ■• - I 

Mr. Bennett moved to read bills on second reading by title only,, 
for the purpose of reference. j 

Mr. Oylcr moved to lay the motion on the table, ( 

Messrs. Bennett and Oyler demanded the ayes and noes. 

Those who voted in the affirmative were, ; 

Messrs. Barker, Bowman, Cobb, Culver, Dykes, Finch, Fuller, ] 
Hyatt, McClurg, Mason, Oyler, Staggs, Terry, Thompson, Ward and j 
Williams — 16. ! 

Those who voted in the negative were, 

Messrs. Allison, Bennett, Bonhara, Brown of Hamilton, Brown of 
Wells, Chapman, Cullen, English, Gaff, Gilford, Hanna, Jinkens, Mil- 
liken, Moore, Newlin, Niles, Noyes, Reagan, Van Baskirk and 

Wright— 20. 

So the motion does not lie on the table. 

Tho question being on Mr. Bennett's motion, 
It was agreed to. 

Senate bill 239 was read by title only. 

Mr. McClurg moved to refer to the Committee on the Organization 
of Courts. 

Which was agreed to. 

Senate bill No. 240. An act to amend sectipns S and 4 of an act 
entitled " an act to regulate and license the sale of spirituous, vinous, 
malt or other intoxicating liquors, to prohibit the adulteration of 
liquors, to repeal all laws contravening the provisions of the act, and 
prescribing penalties for the violation thereof," approved March 5, 
1859, and prescribing penalties in case of a second or subsequent con- 
viction. 

Which was read the second time by title only, and referred to the 
Coramittee on Temperance. 



159 

Senate bill No. 241, entitled an act to amend tin amendment of an 
act entitled an "act in relation to witnesses, and to repeal section 
238 of article 13 of the act entitled 'an act to revise, simplify and 
abridge, the rules, practice, plea lings and forms, of actions at law, 
and to provide for the administration of justice in a uniform mode of 
pleading and practice, without distinction between law and equitv,' 
approved June 18, 1852, and to repeal all laws inconsistent there- 
with, and providing when t\e act shall take eiFect and be in force,'' 
which took efi'ect and went into force March 17, 1861. 

Was read a second time by title, and, 
On motion of Mr. Oyler, 

Referred to the Judiciary Committee. 

Senate bill No. 242, entitled an act to amend section 11 of '• an 
act to fix the time of holding Common Pleas Courts in the counties 
of this State, the duration of the terms thereof, and making all pro- 
cesses from the present Common Pleas Courts returnable to such 
terms, and declaring when this act shall take effect, and repealing all 
l.iws inconsistent therewith," approved March 5, 1865. 

Was read a second time by title, when 

i\Ir. Van Buskirk moved to refer to a select committee, consistinf^ 
of the Senators from Madison, Henry, Hancock, Rush and Decatur, 
counties. 

Which was agreed to. 

Senate bill No. 243. An act to fix the time of holding the Circuit 
(Jourts in the Fourth Judicial Circuit of the State, composed of the 
counties of Franklin, Union, Fayette, Rush, Shelby, Decatur and 
Dearborn, repealing all laws in conflict therewith. 

Senate bill 243 was read a second time by title only. 

Mr. Van Buskirk moved to refer to a select committee, consistin<^ 
f'f the Senators from Madison, Henry, Hancock, Rush and Decatur, 
Counties. 

Which was agreed to. 

Senate bill No. 244. An act to amend an act entitled ''an act pro- 
viding for the election and qualification of Justices of the Peace, 
and defining their jurisdiction, powers, and duties in civil cases," 
approved June 9, 1852, 

^Vas read a second time by title only, and referred to the Com- 
niittee on the Orsanization of Courts. 



160 

Senate bill No. 245, entitled an act in relation to the admission of ( 
the testimony of jurors in granting nevr trials, 

Was read a second time bj title only, and referred to the Judiciary 
Committee. 

Mr. "Wright moved to take up ■"■ 

Engrossed House bill No. 5-5, cntiiled a bill authorizing persons 
therein named to dig a canal from the Calumet river to Lake Michi 
gan, for the purpose of draining a portion of the swamp lands of 
Lake and Porter counties, and refer it to the Judiciary Committee. 

Which was agreed to. • 

On motion by Mr. Van Buskirk, 
The Senate adjourned until 2 o'clock P. M. 



2 CLOCK P. M. 

The Senate met. 

Mr. Vawter asked and obtained leave of absence for Mr. Cobb. 

Mr. Oyler asked and obtained leave of absence for Mr. Hyatt. 

Mr. Culver asked and obtained leave of absence for Mr. Staggs. 

ilr. Wright moved to take up 

House bill No. C^^-. An act relating to corporations for mechanical, 
manufacturing, mining, and quarrying purposes. 

Mr. Wright moved to refer to the Committee on Corporations. 
Which was agreed to. 

Mr. Wright moved to take up 

Engrossed House bill No. 187. An act authorizing and requiring 
the Commissioners of the t?tate Debt tanking Fund to make settle- 



■■ ■ 161 / 

/ 

taent with the Sinking Fund Commissioners for $422,000, war loan 
bonds purchased by Sinking Fund Commissioners with moneys belong- 
ing to the Common School Fund; also, the sum of $164,000, belong- 
ing to the Common School Fund, advanced by the Sinking Fund, to 
pay the interest on the State debt; also, the sum of $33,536.09, 
Saline Fund, and $22,947, Bank Tax Fund, directing the transfer to 
the Common School Fund of the State of Indiana, of so much of 
the two and one-half and five per cent, certificates of the stock of 
the Stafe, as will, at the price paid for the same, amount to the aggre- 
gate of the sums mentioned in this act ; authorizing and directing the 
proper officers of State to issue a bond of the State for the amount 
thereof, bearing six per cent, interest, payable semi-annually, and prin- 
cipal payable and redeemable at the pleasure of the State ; directing 
the Treasurer of State to pass to the credit of the General Fund the 
several amounts herein specified, and declaring that an emergeacy 
exists for the immediate taking eifect of this act. 

Mr. Wright moved that the bill be recommitted to the Committee 
on Finance. 

"Which was agreed tOv ■- •■- ' ' 

Mr. Brown of Hamilton moved that Senate bill No. 205, entitled 
an act to fix the time for holding the Circuit Court in the several coun- 
ties composing the seventh judicial circuit, and repealing all laws in 
conflict therewith, be recommitted to the Committee on the Organiza- 
tion of Courts. 

Which was agreed to. ' 

se:n*"ate bills oi^ third reading. 

Engrossed Senate bill No. 21, entitled an act to amend sections 
9, 10, 18, 23, 24 and 33, of an act entitled " an act to incorporate 
the town of Vernon, Jennings county, Indiana," approved January 

22d, 1851, 

Was read a third time. 

., The question being on the passage of the bill, 

• Shall the bill pass ? 

;. . Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bepnett, Bonham, Bowman, Brown ©f 
S. J.--^ll 



162 

Hamilton, Brown of Wells, Cason, Cobb, Cullen, Calver, Davis^ 
Dykes, English, Finch, Fuller, Gaff, Gifford, Ilanna, Jinkens, Mar- 
shall, Mason, Milliken, Moore, Newlin, Noyes, Oyler, Reagan, Rich- 
mond, Staggs, Terry, Thompson, Yan Bvtskirk, Vaivtcr, Ward, Wil- 
liams, Wright and Mr. President — 38. 

None voting in the negative. -' ' ■■'■ •' '^ 

So the bill passed, •• • :;., -, ■ ;. / ...j 

The question being, shall the title of the bill stand as read? 
It was so ordered. • , ^ , . ; , . . . - 

Ordered, That the Secretary inform the House thereof. ~ " ' 

Senate bill No. 22. An act to amend section ten of an act eatitleii 
" an act providing for the election and qualification of justices of 
the peace, and defining their jurisdiction, powers and duties in civil 
eases," approved Jane 9, 1852. 

Was read a third time. \ ' :c 

The question being on the passage of the bill^ , , . i .r 

Shall the bill pass ? 

• ■.• Those who voted in the affirmative ^rete, > ■ ■ i 

Messrs. Allison, Barker, Bennett, Bonham, Brown of Hamilton, 
Brown of Wells, Cason, Cobb, Cullen, Culver, Davis, Dykes, Finch, 
Fuller, Gaff, Gifford, Jinkens, Marshall, Mason, Milliken, Moore, 
Newlin, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, I 
Yan Buskirk, Yawter, Ward, Williams, Wright and Mr. President- — 85. 

None voting in the negative.' 

So the bill passed. ... : , 

The question being, shall the title of the bill stand as read? 

It was so ordered. j^ ■ • 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 27, entitled an act to amend section 
four of an act entitled " an act prescribing certain misdemeanors 
punishable only by a justice of the peace,'' approved June 7, 1852, 

Was read a third time. . , , . 



163 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the aflBrmative were, ' ' . \ 

Messrs. Allison, Barker, Bennett, Bonham, Brown of Hamilton, 
Brown of Wells, Cason, Cobb, Cullen, Culver, Davis, Djkes, Fuller, 
Gaff, Hanna, Jinkens, Marshall, Mason, Milliken, Newlin, Niles, 
Noyes, Ojler, Reagan, Richmond, Staggs, Terry, Thompson, Van 
Buskirk, Vawter, Ward, Williams, Wright and Mr. President — 34. 

Those who voted in the negative were, 
Messrs. Finch, Gilford and Moore — 3. -[ li . .■ ' 

So the bill passed. 

The question being, shall the title of the bill stand as read? ■ 

It was so ordered. ,•>; 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 64, entitled "an act to provide for a 
registry of voters, and to declare their residence, and to punish fraud- 
ulent practices touching elections, and defining the duties of certain 
officers therein named, and providing compensation for the services- 
of such officers," 

Was read a third time. .... .,;■ • . 

Mr. Brown, of Wells, moved to indefinitely postpone. 

Mr. Oyler moved to amend by making the bill the special order 
for Wednesday next, at 2 o'clock P. M., 

Which was agreed to. . , . 

Engrossed Senate bill No. 87. An act to amend the 17th sectioa 
of an act entitled " an act prescribing who may make a will, the effect 
thereof, what may be devised, regulating the revocation, admission to 
probate, and contests thereof," approved May 31, 1853. 

Was read a third time. ■' >-•: ' ' . - ■ ; .. 

Mr. Cobb moved to recommitted the bill to the Committee on the 
Judiciary. , ^ ^.. 

Mr. Mason moved to amend by laying the bill on the table. 
Which was accepted by Mr. Cobb, and agreed to. 



164 

EnfjrosseJ Senate bill No. 106. An act to amend section 119 of 
an act entitled " an act to revise, simplify and abridge, the rules, 
practice, pleadings and forms, in criminal actions in the courts of 
this State," approved June 17, 1852, so far as to strike out so much 
thereof as requires the appellee to pay the costs of the appeal when 
the decision of the court below is decided to be erroneous. 

Was read a third time. i:--. > .■ - .!.-/•,■• 

The question being on the passage of the bill, .,;; _<>.,',> 
Shall the bill pass ? , . , ^^ , , , . , .. - .; 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bonham, Brown of Hamilton, 
Brown of Wells, Cason, Chapman, Cobb, CuUen, Culver, Davis, 
Dykes, Finch, Gaff, Gifford, Hanna, Marshall, Mason, Milliken, 
Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Thompson, Van Buskirk, Ward, Williams, Wright and Mr. 
President — 36. 

Mr. Jinkens being the only one who voted in the negative. 

So the bill passed. . , ?,- , . i • 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

The President of the Senate announced the following select com- 
mittee on Senate bill No. 236 : 

6th District — Senator Oyler, Chairman. 

1st District — Senator Williams. ■ >:'.'■ 

2d District — Senator English. ■ : >- !.. i'. 

3d District — Senator Vawter. . i / .': .' 

4th District — Senator Van Buskirk. .. i- , . ■ 

5th District — Senator Ward. ;: i 

7th District — Senator Hanna. 

8th District — Senator McClurcr. 

9th District — Senator Terry. 

10th District — Senator Chapman. 

11th District — Senator Brown ^f Hamilton. 




165 

Engrossed Senate bill No. 188. An act amending section 30 of 
" an act regulating fees of officers, and repealing former acts in rela- 
tion thereto/' approved March 2, 1855. 

The question being upon the passage of the bill, ■'■■ ' •- ' '' 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Bennett, Bonham, Brown of Hamilton, Cason, 
Chapman, Cullen, Culver, Dykes, Gifford, Mason, Milliken, Oyler' 
Reagan, Richmond, Thompson, Vawter, Ward, Williams and Mr. 
President— 20. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Brown of Wells, Cobb, English, Finch, 
Gaff, Hanna, Jinkens, Marshall, Moore, Newlin, Niles,Noyes, Staggs, 
Terry, Van Buskirk and Wright— 18. 

So the bill did not pass for want of a constitutional majority. 

Engrossed Senate bill No. 140, entitled an act to amend section 8 
of an act entitled " an act dividing the State into counties, defining 
their boundaries, and defining the jurisdiction of such as border on 
the Ohio and Wabash rivers, approved June 7, 1852. 

Was read a third time. 

Mr. Brown of Wells, moved to lay the bill upon the table. 
Which was agreed to. 

Mr. Douglas asked to have his vote recorded on Senate bill No. 27. 
Which was agreed to. 

Mr. Douglas voted in the affirmative. 

Engrossed Senate bill No. 142, entitled •' an act defining the crime 
of drunkenness, and prescribing the penalty therefor." 
Was read a third time. 

The question being on the passage of the bill. 
Shall the bill pass ? 



X 



Those who voted in the affirmative were, 
Messrs. Allison, Barker, Bennett, Bonham, Bowman, Brown of 



166 

Hamilton, BrowQ of Wells, Cullen, Culver, Dykes, English, Fuller, 
Gaff, Gifford, Hanna, Jinkens, Milliken, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, Vavrter, 
Ward, Williams, Wright and Mr. President— 32. 

Those who voted in the negative were, 

Messrs. Cason, Cobb, Douglass, Finch, Mason, Moore and Mar- 
shal— 7. 

So the bill passed. ' ' , i 

The question being, shall the title of the bill stand as read? 
It was 80 ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 152, entitled an act to amend section 7 
of an act entitled "an act touching the laying out and vacating towns, 
streets, alleys, public squares and grounds, or any part thereof, the 
making out and recording of plats of said towns, and providing for 
the change of the names of such towns," approved May 20, 1852, 

W^as read a third time. . , 

The question being on the passage of the bill — shall the bill pass ':' 

Mr. Cobb moved to lay the bill on the table. 

AVhich was agreed to. ' • . 

Engrossed Senate bill No. 156, entitled an act to amend the 14th 
section of the act entitled an act to limit the number of grand jurors, 
and point out the manner of their selection, defining their jurisdic- 
tion, and repealing all laws inconsistent therewith, approved March 
4, 1852, and to change the form of the oath of grand jurors, 

W^as read a third time. - 

The question being on the passage of the bill, ' "'^ 

Mr. Van Buskirk moved to lay the bill on the table. 

Messrs. Oyler and Van Buskirk demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Bowman, Brown of Hamilton, Brown of Wells, Cullen, 
English, Finch, Gifford, Jinkins, Marshal, Mason, Moore, Newlin, 



167 

Niles, Noyes, Reagan, Staggs, Van Buskirk, Yawtcr, Ward, Williams 
and Wright — 21. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Bennett, Bonham, Cason, Cobb, Culver, 
Douglas, Djkes, Fuller, Gaff, Ilanna, Milliken, Ojler, Richmond, 
Terrv, Thompson and Mr. President — 18. 

So the bill was laid on the table. 

Engrossed Senate bill No. 164, entitled "an act touching the dis- 
position of lots, streets, alleys, public squares and grounds within 
the corporated limits of any incorporated citj'' of this State, hereto- 
fore vacated or hereafter to fee vacated." 

Was read a third time. 

The question being on th^e passage of the bill, 
Mr. Bennett moved to lay the bill on the table. 
Which was agreed to. 

Engrossed Senate bill No. 175. An a-ct to authorize the formation 
of companies for the detection and apprehension of horse thieves 
and other felons, and for mutual protection, and repealing all laws 
jnconsisterit herewith, 

Was read a third time. 

The question being on tiie passage of the bill. 

Shall the bill pass? • ' ' 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bonham, Bowman, Brown of 
Haimilton, Brown of Wells, Cason, Chapman, Cobb, Cullen, Davi?, 

Dougks, Dykes, English, Finch, Fuller, Gaff, Gifford, Jinkens, 
Marshall, Mason, Milliken, ^'ewli^, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, 
Williams, Wright and Mr. President — 39. . .,■ 

Mi\ Moore voting in the negative. 

So the bill passed. .' '' '■ ' 

The question being shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 



168 

Mr. BroAVD, of Wells, moved that when the Senate adjourn, it be 
until to-morrow morning, at 9 o'clock. 

It was so ordered. 

Senate bill No. 185, entitled '■'an act for the incorporation of 
hotel companies," , '.-, *. 

Was read a third time. ' '. ' ,. ^ ' ... 

The question being on the adoption of the bill, ^ •: , j ., r. '., 

Shall the bill pass ? , . , ^ 

Those who voted in the affirmative were, ' '-i;-''' 

Messrs. Allison, Barker, Bennett, Bonham, Bowman, Brown of 
Wells, Cason, Chapman, Cobb, Cullen, Davis, Dykes^ Finch, Fuller 
Gaff, Gifford, Ilanna, Jinkens, McClurg, Mason, Milliken, Jtloore, 
Newlin, Niles, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, 
Van Buskirk, Vawter, Ward^ Williams, Wright and Mr. President— 36. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 

It was so ordered. . 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 20G, entitled an act supplimental to an act entitled 
" an act to authorize, regulate and confirm the sale of railroads, to 
enable purchasers of the same to maintain the same," approved 
March 3, 1865; "and for the purpose of making the same more 
definite and certain, to form and exercise corporate powers, and to 
define their rights, powers and privileges, to enable such corporations 
to purchase and contract, connecting on branch roads, and to 
operate the same. 

Was read a third time. . .,. , 

The question being on the passage of the bill, 

ShaU the bill pass ? . .. : , • . ; 

Those who voted in the affirmative were, 
Messrs. Allison, Barker, Bennett, Bonham, Bowman, Brown of 



169 

Wells, Cason, Chapman, Cobb, Davis, Dykes, Finch, Gaff, GifTord, 
Jinkens, McClurg, Mason, Milliken, Newlin, Oyler, Reagan, Staggs^ 
Thompson, Van Buskirk, A^awter, Ward, Williams and Mr. Presi- 
dent— 29. 

Those ^\ho voted in the negative "were, 

Messrs. CuUen, Fuller, Moore, Noyes and Wright — 5. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 211. An act supplemental to an act entitled "an 
act to incorporate the White River Navigation Company,*' approved 
February, 13, 1851, and an act entitled an act to amend the third 
section of an act entitled " an act to incorporate the White River 
Navigation Company," approved February ]3, 1851, "and to extend 
the rights and privileges of said company," approved June 16th, 
1852, " and to further extend the rights and privileges of said 
company," 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bowman, Brown of Wells, Cason, 
Chapman, Cobb, Cullen, Davis, Dykes, Finch, Fuller, Gaff, Gifford, 
Jinkens, McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, 
Oyler, Reagan, Richmond, Staggs, Thompson, Van Buskirk, Vawter, 
Ward, Williams Wright and Mr. President — 34. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. 



170 

Senate bill No. 221, entitled "an act for the puriisliment of officers 
of elections for receiving illegal votes," 
Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass? 

Those ^Yho voted in the affirmative were, 

Messrs. Allison, Barker, Bennett, Bonhara, Bowman, Brown of 
Wells, Cason, Chupraan, Cobb, Cullen, Davis, Dykes, Finch, Fuller, 
Gaff, Gifford, Jinkens, McClurg, Mason, Milliken, Moore, Newlin, ' 
Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Thompson, Van \ 
Buskirk, Vawter, Ward, Williams, AVriglit and Mr. President— 35. 

None voting in the negative, 

So the bill passed. ,,.■'-'. • • , ■ r .' \ ■ • 

The question being, shall the title of the bill stand as read ? 

It was so ordered. 



Ordered, That the Secretary inform the House thereof. 



I 



Senate bill No. 226. An act to amend sections 10, 12, 13, 14, 15, , 
16, 17, 18, 21 and 22, of an act entitled "an act regulating fees of i 
elEcers, and repealing former acts in relation thereto,'" approved . 
March 2, 1855, and providing vben the same shall take elTcct. |j 

Was read a third time. I 

i\Ir. Cobb, moved to recommit the bill to the Committee on the " 
Organization of Courts, wilh the following request to amend by 
striking out all that relates to prosecuting attorneys, in this : 

"That where ten occurs insert five," and " all that relates to jurors • 
and witnesses before justices of the peace, and leave the same as : 
the old law." : 

Mr. Bennett moved to lay the motion on the table, ' <. •: 
Which was not agreed to. 

Mr. Brown of Wells, moved to amend by including "jurors of a 
higher court," 

Which was agreed to. 



171 

The question being on the motion to recommit the bill to the CVir.- 
mittee on Organization of Courts. 

It was agreed to. 

On motion of Mr. Van Buskirk, 

The Senate adjourned until 9 o'clock, A, M., Kov. 25, 1865. 



SATURDAY MORNING, 9 o'clock, 
November 25, 1865. 

The Senate met. 

The Secretary proceeded to vc;id the journal, when, 

On motion of Mr. GilTord, 
The further reading of the journal ^vas dispensed with. 

r^Ir. GilTord asked and obtained leave of absence for Mr. Nilcs 
until Tuesday next. 

Mr. Knox asked and obtained leave of absence for Mr. Brown 
until Tuesday next. 

Mr. Bonham asked and obtained leave of absence for Mr. Williams 
until Tuesday next. 

Mr. Allison asked and obtained leave of absence for himself until 
Tuesday next. 

Mr. Cullen presented the following claim : 

State of Indiana, debtor to Edwin May, architect of the North 
ern Indiana State Prison, for furnishing plan of prison, walls, 
towers, "workshops, and plan of kitchen, dining-room, heating and 
ventilating apparatus of said prison, plan of cells, fastenings, under 



172 

Ills patent, to be use for the Northern Indiana State Prison ; inclu- 
ding, also, working plan and specifications, the sum of §5,000. 
The above account is correct, and allowed by the Board of Control. 

J. W. BLAKE, 
B. F. MULLEN, 
JOHN P. DUNN, 
Which was laid on the table. ' -. • '; .A'V 

BILLS ON FIRST READING. 

Mr. Cullen moved to suspend the previous order of business and 
take up Senate bills on second reading. 
Which was agreed to. 

Senate bill No. 248. An act to restrain certain animals therein 
named from running at large. 

Was read a second time by title, and referred to the Committee on 
the Organization of Courts. 

Senate bill No. 25L A bill to amend sections 14, 15 and 24, of 
an act entitled " an act to provide for the opening, vacating and 
changing of highways, approved June 17, 1852. 

Was read a second time by title, and referred to the Committee on 
Roads. 

Senate bill No. 253. An act to relieve County Auditors, Treas- 
urers, Township Trustees, Assessors and other oflBcers, for the year 
18G5, from the penalties attached for the violation of an act entitled 
" an act against the keeping of useless and sheep-killing dogs, &c.," 
approved March 2, 1865, and declaring an emergency. 

Was read a second time by title, and referred to the Committee on 
Agriculture. , - - 

Senate bill No. 255, entitled a bill to amend the 2d section of an 
act supplemental to an act entitled " an act for the incorporation of 
high schools, academies, colleges, universities, theological institutions 
and missionary boards," approved March 5, 1859. 

Was read a second time by title, and referred to the Committee on 
Education. 

Mr. Chapman moved to take up House bills on second reading. 
Which was agreed to. 



173 

House bill No. 71. A bill to increase the powers of the Board of 
Sinking Fund Commissioners, and to authorize said Board to loan 
any monies belonging to said fund in Indiana State bonds, or stocks, 
and providing for the canceling of such bonds or stocks, and the 
re-issuing of non-negotiable bonds or stocks, payable to said funds. 

Was read a second time by title, and referred to the Committee on 
Finance. .... 

On motion by Mr. Cullen, ''■ 

The Senate adjourned until Monday, at 2 o'clock p. m. 



■ ♦'< > » m *■ 



MONDAY, 2 o'clock, p. m. 1 
. , . November 27, 18G5. / 

The Senate met. 

The journal was read and approved. 

PETITIONS, MEMORIALS AXD REMOJTSTRANCES. 

The President laid before the Senate two petitions on the subject 
of temperance, 

Which, on motion by Mr. Thompson, were referred to the Com- 
mittee on Temperance. , , . 

Mr. Culver presented a petition praying for the repeal of "an act 
for the relief of the families of soldiers, seamen and marines " 
approved March 4, 1865. 

Which was referred to the select committee on that subject. 

REPORTS FROM SELECT COMMITTEES. 

Mr. Brown of Wells, moved to enlarge the committee on Senate 
jbill No. 137, on the subject of gag. 



174 

The committee consists of Messrs. Erown of Wells, ILmnah, Bar- 
ker, Davis, Wright, Jenkins and Herd. 



Mr. llanna introduced ^' 

Joint resolution No. 21, as follows, to-wit : ' -' ' ' • 

JOINT RESOLUTION ON THE SUBJECT OF STATE TAXATION. 

Whereas, By certain acts of Congress, approved March 3, 1844, 
June 30, 1964, and other enactments, certain bonds and certificates, 
of indebtedness, (meaning nation currency, treasury notes &c.,) 
issued by the authority of the Government of the United States, are 
declared exempt from State, County and municipal taxation, to the 
great injury and oppression of those who have no such bonds and 
certificates for non-taxation, and 

Whereas, The said class of bonds and certificates, not being 
taxed, throws upon other property the whole burthen of taxation, 
and renders it unjust and oppressive to the great majority of our 
citizens ; and 

Whereas, These bonds and certificates amount to many millions, 
from which neither the State, the Counties, nor the incorporated 
cities and towns of the State derive any revenue whatever ; and 

Whereas, In the opinion of this General Assembly it is lawful 
and propose that all of its citizens should be taxed for the support 
of the State and Federal Governments according to the means 
which they possess, w hether their wealth is in farming lands, houses, 
factories, shops, mercantile establishments, money on hand or at 
interest, bonds or securities of the Federal or State Governments, 
shares of stock in National Banks or other Banks, or whatever else 
of permanent value they own or control, and from whidh they re- 
ceive support or income; and 

Whereas, It is the bounden duty of this General Assembly to secure 
all classes of its constituency exemption from oppression in the 
payment of an undue share of taxes, and to provide against the 
existence of privileged classes in our midst, who seek by specious 
and artful laws to be exempted from a fair share of the public 
burthens ; but that all shall bear these burthens according to their 
actual ability, without reference to the kind or nature of the wealth 
which they possess ; and 



10 



Whekeas, In times like the present, at the close of a bloody and 
I expensive war, when the people of the nation, the States, the 
counties and the municipalities, are struggling Avith large and 
crushing public debts and never ending taxes, it is the duty of 
I every man to exhibit his patriotism and care of country by volun- 
tarily coming forward and placing his -wealth, of whatsoever kind, 
on the tax duplicate of his State, county or municipality, and bear 
his honest share of the public burthen ; and 
Whereas, The people of Indiana, always anxious to maintain the 
National and State credit, and to bear all fair and honei-t burthens 
which may be laid upon them for that purpose, are yet firmly of 
the opinion that these taxes should be equal, and that all property 
within the State should be taxed without reference to its quality 
or kind, and that all our citizens should pay in proportion to the 
wealth which they possess ; and as we regard it, the solemn duty 
of this General .Assembly to supply, by appropriate legislation, a, 
remedy for the evils entailed upon us by the unwise enactments of 
the Federal Congress ; therefore. 

Resolved hy the General Assembly of the State of Indiana, That 
the Auditor of State be directed to place in the hands of the Audi- 
tor's of the various counties of the State, properly prepared black 
forms, to be used by assessors, in their respective townships, whose 
dutv it shall be to place on the tax duplicates the income received 
by residents or citizens of Indiana, from all United States bonds, 
coupous, certificates of indebtedness from the same, and all and every 
(lescrintion of income from the various classes of United States 
bonds, viz : five-twenties, seven-thirties, ten-forties, treasury notes, 
certificates of deposit with the United States and other income 
derived from the Government, except the income paid the officers and 
soldiers of the regular or volunteer armies and navy of the United 
States, and all such income shall be taxed 25 per cent, for State and 
county purposes ; and be it further 

Resolved, That the Auditor of State shall also prepare, and furnish 
to the county Auditors, at the same time and in the same paper, 
blank forms to be used in assessing the value of all shares of Stocks, 
held by residents and citizens, (and non-resident holders, if there be 
such), in any of the National Banks of this State, and all these 
shares of stock, and surplus earnings on hand, shall pay a tax equal 
to that levied on other property for State, county, township and 
school purposes, and no more. 

Which was read a first time, : . 



176 

Mr, Oylcr moved to suspend the rules, and read the resolations 
by title, , 

Which was agreed to, . ■ ■ , 

Mr. Ojler moved to refer to a select committee of one from each 
Congressional district, 

Which was agreed to. , •, ,, 

SENATE BILLS ON PiRST READING. ' , , ' 

^Ir. Cason introduced 

Senate bill No. 231, entitled an act to amend the second and fifth 
sections of an act entitled " an act concerning the organization of 
voluntary associations, and repealing former laws in reference 
thereto," approved February 12, 1855, 

Which was read a first time by sections, a second time by title, and 
referred to the Committee on the Judiciary. 

Mr. Chapman introduced 

Senate bill No. 262. An act to make an appropriation to pay the 
balance of the quota of this State of the expenses of the Soldiers' 
National Cemetery at Gettysburg, Pennsylvania, as assessed by the 
Board of Managers, of said Association, 

Which was read a first time by sections, a second time by title, and 
referred to the Committee on Finance. • . • - .■ ■ 

The President (Mr. Moore in the chair) introduced 

Senate bill No 263, entitled a bill to repeal an act entitled "an act 
to discourage the keeping of useless and sheep-killing dogs, and 
providing penalties for the violation of any of the provisions of said 
act by officers and others, and also repealing an act to license dogs,'^ 
approved March 11th, 1861, and providing that " nothing in the act 
shall be so construed as to conflict with the provisions of an act 
entitled 'an act for the protection of sheep,' " approved June 15, 
1852, ■ ' '■ "' ■■ '' ■ 

Which was read a first time. 

Mr. Dunning moved to suspend the rules and read the bill by title, 
for reference, 

Which was agreed to, 



i 



177 

Mr. Ojler moved to refer to the Committee on Agriculture, 
Which was agreed to. 

Mr. Cason introduced 

Senate bill No. 264. "An act to authorize County Commissioners 
to grant the right to swing gates on county and private roads, and 
prescribing penalties," 

Which was read a first time. 

Mr. Cason moved to suspend the rules, and read the bill a second 
time by title, now. 
Which was agreed to. 

Mr. Cason moved to refer the bill to the Committee on Roads, 
Which was agreed to. 

Mr. Brown of Wells, introduced 

Senate bill No. 265. " An act fixing the time of the terms of the 
Wells Circuit Court, prescribing the duration thereof, providing for 
returns of process therein, repealing conflicting laws, and declaring 
Avhen this act shall take effect, ■ 

Which was read a first time. 

Mr. Brown moved to suspend the rules and read the bill a second 
time, now, by title, and refer to the Committee on Organization of 
Courts, 

Which was agreed to. 

Mr. Gilford moved to take up House bills on first reading. 
Which was agreed to. 

Engrossed House bill No. 21. A bill to amend section 22 of an 
act entitled " an act defining misdemeanors and prescribing punish- 
ment therefor," approved June 14, 1852, 

Was read a first time and passed to a second reading. 

On motion. 

The Senate adjourned till to-morrow morning, at 9 o'clock. 
S. J.— 12 



178 



TUESDAY MORNING, 9 o'clock, 
NoYeml5er 28, 1865. 

The Senate met. 

The journal was read and approved. 

The President announced the following Committee on the joint 
resolution of Senator Hanna : 

Senator Hanna, 7th district, Chairman. 

" Finch, 1st district. 

. " Bradley, 2d district. 

" Allison, 3d district. 

" Cullen, 4th district. 

" Bennett, 5th district. 

' Oyler, 6th district. 

" McClurg, 8th district. 

" Wright, 9th district. , '. 

" Chapman, 10th district, 

" Brown of Wells, 11th district, 

Mr. Chapman presented a petition on the subject of temperance, 
Which was referred to the Committee on Temperence. 

Mr. Oyler presented a petition on the subject of temperance, 
AVhich was referred to the Committee on Temperance. 

Mr. Chapman from the Committee on Finance, made the following 
report : 

Mr. President: 

The Committee on Finance, to whom was referred the claim of 
George H. Murphy, asking the State to refund the purchase money, 
interest and improvement, on certain land purchased of the State as 
swamp land, have had the same under consideration, andhave instructed 
me to report the same back to the Senate, with the recommendation 
that it be referred to the Committee on Claims, 
Which was concurred in. 

Mr. Vawter introduced the following resolution : 



179 

Mesolved, That the Senate, the House of Representatives concur- 
ing, adjourn, sine die, Saturday December 9th, at 12 o'clock M. 

Mr. Bennett moved to lay the resolution on the table^ 

Messrs. Bennett and Cullen demanded the ayes and noes^ 

^ Those who voted in the affirmative were, 

Messrs. Beeson, Bennett, Bonham, Chapman, Cullen, Hanna, 
McClurg, Milliken, Noyes, Ojler, Reagan, Richmond, Thompson, 
Ward, Woods, Wright and Mr. President — 17. 

Those who vot'ed in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cason, 
Cobb, Davis, Dykes, Finch, Fuller, Gifford, Jinkens, Marshall, Mason, 
Moore, Staggs, Terry, Vawter and Williams — 20. 

So the resolution was not laid on the table. 

Mr. Bonham offered the following amendment i 

" Provided, There is no farther business." 

Mr. Cason moved to refer the resolution and amendment to the 
Committee on Finance, 
Which was agreed to. 

The President laid before the Senate the following communication 
from Mr. Foster, the State Librarian. 

To the President and Members of the Senate : 

Though not required by the statutes to make a report at the pres- 
>ent session of your honorable body, I nevertheless deem it a duty to 
present to you an abstract statement of the condition of the depart- 
ment which you have confided to my care and keeping. 

Since the last regular session, but few additions have been made to 
the Library, owing, in part, to the want of room for books, and the 
'dnusual high prices of standard works. 

I have effected quite a number of exchanges for duplicate copies 
of Indiana Reports, and in this way have been enabled to husband 
the library funds. 

The standing -appropriati OH for the current year, was all exhausted 



180 

wKen I came into office, hence I have drawn from the fund appropri- 
ated at the last session, the greater part of which still remains in the 
State Treasury. 

Quite a large number of reports, journals, laws and other public 
documents, have been received from different States and the Canadas^ 
a register of which may be found in the library. 

Among the additions to our Trophy Hall, will be found the follow- 
ing: One hundred and twenty-eight flaga, belonging to infantry 
regiments ; four flags, belonging to cavalry regiments ; three flags, 
belonging to batteries ; seventeen guidons ; one rebel flag, captured 
at Pleasant Hill, Louisiana, by the 16th Mounted Infantry, April 9, 
1864; one large rebel flag, captured at Columbia, South Carolina, 
and presented to Governor Morton by the 140Lh Regiment Indiana 
Volunteers, taken irom the Capitol Buildings ; one rebel flag cap- 
tured at Columbia, South Carolina, by U. S. forces February 17, 18G5,, 
and presented to Governor Morton by Adjutant Parks, of the 12tb 
Regiment Indiana Volunteers ; one rebel black flag, raised by the 
rebels on the College Building at Russelville, Kentucky, and captured 
with a lot of ordnance stores by a detachment of Company A, 50th 
Regiment Indiana Volunteerrs, under command of Lieut. McCoy, 
and deposited in the library by Lieut. Col. T. T. Welles, 50th Regi- 
ment Indiana Volunteers ; one saw-fish, deposited in the library by 
Abel Wilson, Company B, 147th Regiment Indiana Volunteers, cap- 
tured at Indianola, Texas ; one large tooth, found in the bed of 
White river 25 years ago, deposited in the library by Thomas J. 
Brooks ; one rebel sword, captured in action near McMinnville, Ten- 
nessee, and presented by Captain J. J. Howard, 17th Regiment 
Indiana Volunteers; one breech-loading cannon, made at Macon, 
Georgia, for Forrest's rebel cavalry, captured at Selma^ Alabama, by 
the 17th Regiment Indiana Volunteers, dug up from the cemetery. 

We feel much the need of more room for library purposes, as well 
as the flags and trophies that are now rapidly accumulating in our 
Trophy Department. When the rooms now occupied by the Adju- 
tant General are vacated, this inconvenience will be remedied; and 
yet it may be well for your honorable body to consider the insecure 
and unsafe condition of the library and relics of the war. In case 
of fire it would be impossible to save from the conflagration many of 
the books and trophies now in the library; and, while the books might 
some of them be replaced, no money could replace tbe sad memen- 
toes which tell of the part that Indiana has taken in this great 



181 

struggle for the nation's life and the preservation of that glorious 
iJaion bequeathed to us by the Fathers of the Republic. 
All of which is respectfully submitted. 

H0U6E BILLS ON SECOND READING. 

Engrossed House bill No. 21, entitled a bill to amend the 22d sec- 
tion of an act entitled " an act defining misdemeanors, and prescribing 
ing punishment therefor," approved June 14, 1852. 

Was read a second time and passed to a third reading. 

Senate bill No. 2-31, entitled an act to legalize and render valid 
and effective all orders, judgments and other proceedings, made, ren- 
dered and had, by and before the Common Pleas Court of Clinton 
county in this State, held in the Court House of s;iid county, in the 
months of October and November, in the year one thousand eight 
hundred and sixty-five, and then and there, by and before, the several 
judges of said court. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bowman, Bradley 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, 
Cobb, Cullen, Culver, Davis, Dykes, Finch, Fuller, Gifford, Hanna, 
Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Noyes, Ojler, 
Reagan, Richmond, Stajrgs, Terry, Thompson, Van Buskirk, Vawter, 
Ward, Woods and Mr. President — 38. 

Mr. Williams only voting in the negative. , 

So the bill passed. 

The question being, shall the title of the bill, as read, stand as the 
title of the bill? 
It was so ordered. 

Ordered^ That -the .Secretary anform the House thereof. 



182 

HOUSE BILLS ON FISST READING. 

Engrossed House bill No. 106, A bill authorizing the eonstruetioa 
of ware houses, for the inspection, storage and sale of tobacco, 
Was read a first time and passed to a second reading. 

Engrossed House bill No. 22. A bill to legalize the sale of cer- 
tain school lands in Lake county, 

Was read a first time and passed to a second reading. 

Engrossed House bill No. 88. A bill authorizing certain corpora- 
tions therein named, to change their corporate names,. 
Was read a first time and passed to a Seconal reading. " 

House bill No. 126. "A bill to amend section 5 of an act entitled 
" an act to authorize the construction of levies- and drains," approyed^ 
June 12th, 1852, 

Was read a first time and passed to a second reading. 

Engrossed House bill No. 147. A bill to amend section 6 of an 
act entitled " an act regarding estrays and articles adrift,'''apprrov©d 
June 16, 1852, 

Was read a first time and passed to a second reading. 

House bill No. 124. An act amending section 30 of " an aet 
regulating fees of officers, and repealing former aets in relation 
thereto," approved March 2, 1855. 

Was read a first time and passed to a second reading. 

Engrossed House bill No. 121. A bill to cure defective acknowl- 
edgments of deeds in certain cases, • 

Was read a first time and passed to a second reading. 

Encjrossed House bill No. 188. An act declaring the laws now in 
force sufficient to authorize the payment of the semi-annual install- 
ments of interest on the public debt, authorizing the payment thereof, 
as the same may become due, declaring specific appropriations there- 
for unnecessary, and providing for the punishment of any yiolatioD 
of the requirements of said act. 

Was read a first time and passed to a second reading. 

Engrossed House bill No. 135. A bill to amend section 651 of an. 
act entitled " an act to revise, simplify and abridge the rules, prac- 
tice, proceedings and forms in civil cases ia the courts of this State,. 



183 

to abolish distinct forms of action at law, and to provide for the 
administration of justice in a uniform mode of pleadings and prac- 
tice, without distinction between law and equity, passed June 
18, 1852, 

Mr. Cason offered the following : 

Resolved, That that part of the Governor's message in relation to 
the public debt, be referred to the Committee on Finance ; that that 
portion of the message in relation to " Houses of Reform for Juve- 
nile Offenders," be referred to the Committee on Benovolent Insti- 
tutions ; that that part of the message in relation to the " Soldiers' 
Relief Law," be referred to the special committee on that subject; 
that that part of the message in relation to " Soldiers' and Seamans' 
Home " be referred to a special committee of one from each Con- 
gressional district, to be appointed ; that that part of the Governor's 
message in relation to " Official Bonds," be referred to the Committee 
on the Judiciary ; that that part in relation to " Grand Juries," be 
referred to the Committee on the Judiciary ; that that part of the 
message in relation to " Emigration," be referred to the special com- 
mittee in relation to the World's Fair; that that part in relation to 
" Education" be referred to the Committee on Education ; that that 
part of the message in relation to the " School Fund" be referred to 
the Committee on Education ; that that part in relation to " Indiana 
Troops " be referred to the Military Committee ; that that part of 
the message in relation the the " Reorganization of the Southern 
States," be referred to the Committee on Federal Relations ; that 
that part in relation to the " Testimony of Colored Persons," be 
referred to the Committee on the Judiciary. 

Mr. Thompson moved the following amendment: 

That that part in relation to the "World's Fair," be referred to 
a special committee of one from each Congressional district, to be 
appointed. 

Which amendment was adopted. 

Mr. Oyler moved the following amendment : 

That that part in relation to " Colored Persons" be referred to the 
Committee on Rights and Privileges of the Inhabitants of the 
State, 

Which amendment was adopted. 



184 

Mr. Ojler from the Committee on the Organization or Courts 
made the following report : 

Mr. President : 

The Committee on the Organization of Courts, to whom was refer- 
red Senate bill No. 205, offered by Mr. Brown of Hamilton, entitled 
an act to fix the time of holding Circuit Courts in the several coun- 
ties composing the Seventh Judicial Circuit, &c., have had the same 
under advisement, and having duly considered the same, have 
instructed me to report the same back to the Senate with the follow- 
ing amendment : 

Strike out the word " two " in the eighth line of the first section, 
and insert in lieu thereof, the word " three," and when so amended, 
recommend the passage of the act. 

Which report was concurred in. 

Mr. Bonham moved to read the bill (No. 205), a third time now. 
Which was agreed to. 

Senate bill No. 205 was read a third time. 

On motion by Mr. Williams, 
By unanimous consent the clause directing publication in news- 
papers was struck out. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted m the affirmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, 
Cullen, Culver, Davis, Douglas, Dykes, Finch, Fuller, Gifford, Hanna, 
Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Niles, Noyes, 
Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, 
Vawter, Ward, Williams, Woods, Wright and Mr. President — 42. 

Mr. Moore only voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 



185 

The President (Mr. Bennett in the chair), laid before the Senate 
the following communication from the Governor : 

State of Indiana, Executive Department, 
Indianapolis, Nov. 28, 1865. 

Hon. Paris C. Dunning, President of the Senate : 

Sir: — In reply to a commun'cation to the Surgeon General, U. S. 
A., asking upon what terms the Tripler General Hospital was turned 
over to the State of Ohio, the enclosed communication has just been 
received. Please submit it to the Senate. 

Respectfully, yours, 

CONRAD BAKER, 
Lieutenant Governor, acting as Governor, 

Surgeon General's Office, \ 
Washington City, D. C, Nov. 25, 1865. / 

Hon. Conrad Baker, Lieut. Governor of the State of Indiana: 

Sir : — I have the honor to acknowledge the receipt of your letter 
of the 22d inst., and to inform you that the Tripler General Hos- 
pital, with an equipment of bedding and furniture, was turned over 
to the State of Ohio, the receipt of the Governor or his legal repre- 
sentative being given for the property. . 
Very respectfully, your obedient servant, 
(Signed) C. W. CRANE, 

Surgeon U. S. A. 
For the Surgeon General. 

Mr. Richmond moved to refer the message and accompanying doc- 
ument to the Special Committee on the Soldiers' Home. 
Which was agreed to. , 

Engrossed House bill No. 12, entitled a bill to amend the 1st sec. 
tion of an act entitled " an act for the protection of Religious Meet- 
ings, Agricultural Fairs, and other lawful assemblages of the people,"' 
approved March 3, 1859. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? , - 



186 

Those who voted in the aiErmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bradley, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Cobb, Cullen, Culver, 
Davis, Douglas, Dykes, English, Finch, Fuller, Hanna, Jinkens, 
Marshall, McClurg, Mason, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, Woods and 
Wright— 36/ 

Those who voted in the negative were, 
Messrs. Bowman and Moore — 2. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

House bill No. 27, entitled an act to legalize the acknowledge- 
ments of all deeds, mortgages and other istruments required to be 
recorded, taken and certified by Notaries Public, who took and certi- 
fied such acknowledgements after the expiration of their commissions. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the afiirmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, BroAvn of Wells, Carson, Cason, Chapman, 
Cobb, Cullen, Davis, Douglas, Dykes, Finch, Fuller, Gifford, Hanna, 
Jinkens, Marshall, McClurg, Mason, Moore, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, Ward, 
Williams, Woods, Wright and Mr. President — 39. 

None voting in the negative. 

So the bill passed. ' 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thrreof. :■ " 



187 

Mr. GifFord asked and obtained leave to record his vote on iloaso- 
bill No. 12. 

Mr. Gifford's name being called, lie voted aye. 

Engrossed House bill No. 43, entitled an act to repeal an act eati- 
tled " an act to establish courts of conciliation, to prescribe rules 
and proceedings therein, and compensation of Judges thereof,'"* 
approved June 11th, 1852, 

Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Bennett, Bonham, Brown of Hamilton, Carson, Cason, 
Chapman, Cobb,. Cullen, Davis, Douglas, Dyke«, Finch, Fuller, Gifford, 
Hanna, Marshall, McClurg, Mason, Newlin, Niles, Oyler. Reagan^ 
Richmond, Staggs, Terry, Vfartl, Woods and Mr. President — 28. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Bowman, Brown of Wells, Culver, Eng- 
lish, Jinkens, MUliken, Moore, Noyes, Thocapson, Vawter, Williams 
and Wright — 14. 

So the bill passed. ' ^ 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 
Mr. Cullen -oifered the following resolution: i. 

Resolved, That when the Senate adjourn, it be to meet, to-morrow 
morning, at 9 o'clock, 
Which was adopted. 

Mr. Cullen moved that the special order for 2 o'clock, P. M., be- 
postponed till to-morrow morning at 10 o'clock^ 
Which was agreed X^. 



188 

Mr. Dykes moved to take up the concurrent resolution on the 
subject of distribution of books by county oflBcers, \ 

Which was agreed to. i 

' I 

Mr. Dykes moved to concur in the i-esolution, { 

Which was agreed to. . i 

j 
A message was received from the House, by their Clerk, Mr. i 
Nixon : , >• .. 

Mr. President : , 

I 

I am directed by the House of Representatives to inform the I 
Senate that the House has passed the following reisolution, in which i 
the concurrence of the Senate is respectfully requested : > 

Resolved hy the ITouse, the Seriate concurring, That the Clerk of | 
•each Circuit Court, be authorized to distribute the surplus journals \ 
of the Senate and House, and acts in his possession, giving to each 1 
Township Trustee, and each Justice of the Peace, one copy of each, , 
and dispose of the halance as his discresion may indicate; provided 
that ho re--crve duplicate copies of each for his own office, 

Wiiich resolution was concurred in. 

Mr. Cullen moved to take up the claim of Edwin May, as follows : 

State of Indiana to Edwin May, Architect of Northern Indiana 
State Prison, Dr., 

For furnishing plans for prison walls, towers, workshop, kitchen, 
dining room, heating and ventilating apparatus of said prison, plan 
of cells and fastenings under his patent, to be used for the Northern 
Indiana State Prison ; including, also, working plans and speci- 
fications, ^5,000. i- • •■■■'' 

The above is correct, and allowed by the Board of Control. 

J. W. BLAKE, 
B. F. MULLEN, 
JOHN P. DUNN. 

And refer to the Committee on Claims, 

Which was agreed to. . . ■ . 



189 

The following message was received from the House, by their 
Clerk, Mr. Nixon : 

Mr. President : 

I am directed by the House of Representatives, to inform the Sen- 
ate that the House has passed the following engrossed bills of the 
House, to -wit : 

Engrossed House bill, No. 149. A bill to enable the board of 
directors of any incorporated turnpike company, to change the time 
of holding the election of directors. 

Engrossed House bill No, 210. A bill to fix the time of holding 
the Court of Common Pleas in the county of Grant, and repealing 
all laws inconsistent herewith. 

In which the concurrence of the Senate is respectfully requested. 

I am also directed by the Speaker of the House of Representa- 
tives to inform the Senate that he has signed the following Enrolled 
Act of the Senate, to-wit : 

Enrolled Senate Act No. 16. An act to amend section 3'59 of an 
act entitled " an act to revise, simplify and abridge, the rules, prac- 
tice, pleadings and forms, in civil cases in the courts of this State ; 
to abolish distinct forms of action at law, and to provide for the ad- 
ministration of justice in a uniform mode of pleading and practice, 
without distinction betAveen law and equity," approved Jane 18, 1852, 

Which is respectfully returned to the Senate. 

Mr. Brown of Wells, offered the following : 

Whereas, The construction and operation of street railways in the 
State of Indiana is a subject of growing importance, and 

Whereas, While it is the duty of the Legislature to foster improve- 
ments of public utility and value, it is equally their duty to protect 
the people against monopolies ; therefore, 

Resolved, That a committee of three be appointed, and they are 
hereby instructed to inquire what legislatio-n, if any, is required in 
relation to the enlargement or restriction of the powers, rights, priv- 



190 

Hcges auii franchises, of street railways, and that they report at aa 
early day by bill or otherwise. 
Which resolution was adopted. 



On motion by Mr. Oyler, 
The Senate adjourned. 



■ '} 



^ WEDNESDAY MORNING, 9 o^cloci:, \ 

November 29, 1865. j 

The Senate met. ,, ...,,. 

The reading of the journal was dispensed with. 

PETITIONS, MEMORIALS AND !<EM0NSTRANCES. 

Mr. Warren offered a petition, praying for the change of the law 
licensing the sale of spirituous liquors. 

Which was referred to the Committee on Finance. 

Mr. Newlin offered a petition, praying that the law be so changetl 
as to the sale of spirituous liquors that no license be granted in any 
city or township, Vv'hes'e a majority of the legal voters remonstrate 
against it. 

Which was referred to the Committee on Finance. 

REPORTS FRO:.I STANDING COMMITTEES. 

Mr. Oyler, from the Committee on the Organization of Courts^ 
made the following report : 

Mr. President: 

The Committee on the Organization of Courts, to whom was 
referred Senate bill No. 244, an act to amend an act entitled " an act 
providing for the election and qualification of Justices of the Peace, 
and defining their jurisdiction, powers and duties, in civil cases," 



191 

have had the same under consideration, and have instructed me to 
report the same back to the Senate without amendment, and recom- 
mer?.d its passage. 

Which report was concured in. 

jMr. Oyler, from the Committee on the Organization of Courts, 
made the fonowing report: 

Mil. President : ■ "" 

The Committee on the Organization of Courts, to whom Avas re* 
ferred Senate bill No. 239, an act authorizing the session of Common 
Pleas Courts in this State after the time of holding Circuit Courts, 
when the time of their session comes in conflict, and declaring an 
emergency, (presented by Senator McClurg), have had the same 
under consideration, and having duly considered the same, have 
instructed me to refer the same back to the Senate with the following 
amendment : 

Add to the first section the words : '■'■Provided, That the time of the 
Common Pleas Courts in such county shall not conflict with the time 
fixed by law for the holding of Common Pleas Courts in any other 
county of such Common Pleas District." Add to the second section 
the words : '■'■Provided, That the time of the Common Pleas Court in 
such county shall not conflict with the time fixed by law for the hold- 
ing of Common Pleas Courts in any other county of such Common 
Pleas District ;" strike out of the bill ail of the preamble, and when 
so amended, the Committee recommend its passage. 

Which report was concurred in. 

Senate bill No. 239 was read •?, second time and passed to a third 
reading. 

Mr. Cullen, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. President : 

The Committee on County and Township Business, to whom was 
referred House bill No. 52, entitled a bill to render uniform the 
assessment of personal property in the several townships of the 
different counties, have had the same under consideration, and direct 
me to report the same back to the Senate, without amendment, witli 
the recommedation that the bill pass. 

Which report was concurred in. 



192 

House bill No. 52, was read a second time and passed to a third 
reading. 

Mr. Allison, from the Judiciary Committee, made the following 

report : 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill No. 
187, an act to amend sections 3 and 53 of an act entitled "an act to 
reduce the law incorporating the city of Madison, and the several 
acts amendatory thereto, into one act, and to amend the same," 
approved February 14, 1848, and declaring an emergency, have 
instructed me to report the same back, without amendment, and 
recommend its passage. 

Which report was concurred in. 

Senate bill No. 187, was read a second time and passed to a third 
reading. 

Mr. Cullen, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. President: 

The Committee on County and Township Business, to whom was 
referred Senate bill No. 121, entitled an act to amend section 14 of 
an act entitled " an act to provide for the more uniform mode of doing 
township business, prescribing the duties of certain officers in con- 
nection therewith, approved February 18, 1852, introduced by 
ex-Senator Peden, have had the same under consideracion, and have 
directed me to report the same back to the Senate, with the recom- 
mendation that the same lie upon the table, for the reason that there 
is a bill noviT in the Senate which passed the House, covering pre- 
cisely the same grounds. 

Which report was concurred in. 

Mr. Cullen, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. President : , 

The Committee on County and Township Business, to whom was 
referred Senate bill No. 235, entitled an act to amend " an act in 



193 

relation to County Auditors,"' approved May 21, 1852, introduced by 
Senator Culver, have had the same under consideration, and have 
directed me to report the same back to the Senate, with the recom- 
mendation that the same lie upon the table. 
Which report was concurred in. 

Mr, Staggs, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. President : 

The Committeee on County and Township Business, to whom was 
referred engrossed Senate bill No. 136, an act to amend sections 8 
and 11 of "an act to provide for the more uniform mode of doing 
county and township business, prescribing the duties of certain 
officers in connection therewith, and to repeal all laws conflicting with 
this act," approved February 18, 1859, and declaring an emergency 
have had the same under consideration, and have instructed me to 
report the same back, and recommend that it lie on the table, 

Which report was concurred in. 

Mr. Oyler from the Committee on the Organization of Courts, made- 
the following report : 

Mr. President: 

The Committee on the Organization of Courts, who were instructed' 
to report a bill or bills, at the earliest practicable time, reorganizing 
the courts of the State, have, after carefully considering the same,. 
instructed me to report to the Senate, - . 

First, Senate bill No. 266, entitled an act providing for an organ- 
ization of Circuit Courts, the election of Judges thereof, and defining. 
their powers and duties, and to repeal all laws in conflict therewith. 

Second, An act districting the State for Judicial purposes, and 

Third, An act to establish Probate Courts in each county,. 
Which are submitted herewith : . ..,.,, .. 

The Committe have been unable to arrive at an entire unanimity 
of opinion in regard to the change proposed, but a large majority of' 
the Committee are of the opinion that the change proposed by the 
S. J.— 13 



194 

tl 
series of bills, are imperatively demanded by the wants of the State, ' 

and that the change proposed would largely enhance the welfare of ., 

the people, add to the efficiency of our Judicial system, and make \ 

the course of justice more speedy and certain. . 

Senate bill No. 2G6 was read a first time. ^ ., . . f 

i 
Mr. Oyler moved to suspend the rules and read the bill (No. 266) i 

a second time, now. ! 

Messrs. Oyler, and Brown of Wells, demanded the ayes and noes. 

" . , Those who voted in the affirmative were, i., .-'-i 

Messrs. Allison, Beeson, Bennett, Bonham, Chapman, Cobb, Culver, 
Davis, Dykes, Finch, Marshall, Mason, Moore, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, Ward, 
Williams, Woods, Wright and Mr. President — 27. 

Those who voted in the negative were, . 

Messrs. Barker, Bowman, Bradley, Brown of Hamilton, Brown 
of Wells, Corbin, Cullen, Douglas, English, Fuller, Gaif, Gifi"ord, 
Hanna, Jinkens, McClurg, Milliken, Newlin and Vawter — 18. 



So the rules were not suspended. 



■•; .1 V 



The President announced the following Senate Committee on that 
part of the Governor's message, in relation to the Soldiers' Home: 



8th District — Senator Cason, Chairman. 

1st District — Senator W^illiams. 

2d District — Senator Jinkens. '' " 
3d District — Senator Allison. 

•4th District — Senator Gifford. 

5th District — Senator Bennett. , . 

Gth District — Senator Thompson. j,,, 

7th District — Senator Staggs. 

9th District — Senator Niles. j ..r/j;;' 
10th District — Senator Douglas, 
lltli District — Senator Richmond. 



,.viiO lo 



195 

Also the following on that part of the Governor's message in 

relation to the World's Fair: 

■ ' . ■ ■ ' "^ '' 

6th District — Senator Thompson, Chairriinn, 

. ■ 1st District — Senator Barker. .- ,.,, , 

2d District—Senator Bowman. , . . 

3d District — Senator Yawter. 

■; 4th District— Senator Van Buskirk. , ; • '; -, ,.,t:; 

'. ■ 5th District— Senator Reagan. , ., i' ., t, i : '. 

; 7th District — Senator Moore. ,;, .- u,,., .^ .. ". 

8th District — Senator Milliken. ., - ., ..; ■ .. 

9th District — Senator Corbin. ',; •..;;, 

, . 10th District— Senator Dykes> • :.. 

, 11th District — Senator Bonham. . ■, 

Also the following on the resolution of the Senator from Wells, 
^3n Street Railroads : 

Senators Brown of Wells, I\Iason and English. 

Message from the Governor, by his Private Secretary, Mr. Jacobs : 

To the President of the Senate: • , , • ' 

I am directed by His Excellency, Conrad Baker, Lieut. Govrrnor, 
acting as Governor, to inform the Senate that he has this day ap- 
proved Senate bill No. 16, entitled an act to amend section 349 of an 
act entitled "an act to revise, simplify and abridge the rules, prac- 
tice, pleadings and forms, in civil cases in the courts of this State, 
to abolish distinct forms of action at law, and to provide for the 
administration of justice in a uniform mode of pleading and practice 
without distinction between law and equity," approved June 18, 
1862, and caused the same to be deposited in the office of the Secre- 
tary of State. 

The hour having arrived for the special order on Senate I ill No. 
196— 

Mr. Oyler moved to concur in the amendments of the House of 
Representatives, 

Pending which, ' 

The following communication was received from the Governor, by 
his Private Secretary, Mr. Jacobs : 



196 

State of Indiana, Executive Department,) 
November 20, 1865. / 

To the Senaic and House of Jlepresenfatives : 

I have just received from divers citizens of Monroe county the 
coniraunication herewith respectfully transmitted, making a proposi- 
tion for the establishment of an Agricultural College in that county, 
under the Conjrressional frrant made in aid of institutions of this 
character. The proposition is highly creditable to the liberality of 
the gentlemen who make it, and their power to carry out the propo- 
sition, if accepted, cannot be doubted. 

I trust it will, with other propositions heretofore made by citizens 
of other parts of the State, receive that careful consideration which 
the importance of the subject and the liberality of the proposition 
demands. 

I beg leave, in this connection, to suggest that if it should be the 
pleasure of the General Assembly to locate an Agricultural College 
at Bloomington, in conjunction with the University, the sale of the 
land scrip which the State may receive under the grant, might be 
avoided by an assignment of the scrip to the Board of Trustees of 
the University. Such an assignment would enable the Trustees of 
the University to enter public lands in other States as the assignee 
of the State. 

CONRAD BAKER, 
:■-' '■• Lieut. Governor^ acting as GoverJior. 



'• ' ' i • • Bloomington, Indiana, > 

' ' ■ November 27, 1865. j 

To His Excellency, Conrad Baker, . ,; " 

Governor of the State of Indiana: 

The undersigned citizens of Monroe county, Indiana, being derirous 
of procuring the location of the Agricultural College at or near the 
town of Bloomington, with the State University, hereby pledge our- 
selves that the citizens of our county will purchase and donate to 
the Trustees of said Agricultural College, within three months after 
the location at this place. 

The geological and mineralogical cabinet of the late Dr. David 
Dile Owen, which could not be procured in this, country nor Europe 



197 



for less than seventy-five thousand dollars, (.f75,000), and also a 
proper and suitable farm near our town, that will be worth at least 
twenty-five thousand dollars, (.^25,000), which proposition we request 
your Excellency to lay before the Legislature. 



SAMUEL n. BUSKIRK, 

J. S. SMITH HUNTER, 

JAMES D. MAXWELL, 

GEORGE A. BUSKIRK, 

JOHN McCREA, 

ROBERT C. FOSTER, 

J. ADKINS, 

MATTHEW M. CAMPBELL, 

JOHN H. LOUDEN, 

M. L. SNODGRASS, 

ED. P. FARMER, 

D. W. FISH, 

WM. F. BROWNING, 

J. F. CARTER, 

M. J. SMITH, 

DAVID SHEEKS, 



JAMES B. MULKEY, 
JAMES SMALL, 
J. G. McPHEETERS, 
MIKE GABBERD, 
A. SUTHERLAND, 
WILLIAM 0. FEE, 
J. McCULLOUGH, 
JACKSON MISENER. 
M. A. LEGG, 
JOHN M. BISHOP, 
STUART & CO., 
J. C. WHIISNANA, 
THOMAS MULLIKIN, 
SIMON KAHN, 
J. T. HENDERSON, 
MORTIN C. HUNTER. 



STATE OF INDIANA,^ 

MONROE COUNTY. / 

The undersigned. Clerk, Treasurer and Auditor, within and for said 
county, do hereby certify that the persons whose names appear to 
the foregoing proposition to the Legislature of the State of Indiana, 
now in session, are personally known to us to be men of character 
and standing in this community ; and that we are satisfied, at a fair 
cash valuation, they are worth at least three hundred thousand dol- 
lars. 

Witness our hands this 27th day of November, 1865. 

MILTON McPHETRIDGE, Auditor 31. C. 

L. P. D. MITCHELL, Treasurer M. C. 

DAVID SHEEKS, Clerk 31. C. 

The following message was received from the House, by their Clerk, 
Mr. Nixon : 

Mr- President: 

I am directed by the House of Representatives to inform the Sen- 



I 198 

ate, that the House has passed the following resolution, in whicht 
the concurrence of the Senate is respectfully requested : 

Whereas, Under the present law regulating the Indiana State 
Prison, (south) the Directors thereof ask an appropriation from the 
State Treasury, at each session of the Legislature, to defray the 
expenses of said Prison ; and, 

"Whereas, In the opinion of this General Assembly, said Institution 
can be so managed as to be self-sustaining and bring a revenue 
into the State Treasury ; and, 

Whereas, The convicts in said Prison have been leased for a term of 
years, expiring in 1867, at the remarkable low rates of 40 cents 
per day ; therefore, be it ..' . ■ • ^ ; > : . i / . ■ . 

Resolved by the House oj Represeiitatives, the Senate concurring^ 
That the Hon. D. C. Williamson, Attorney General of this State, be 
instructed to inquire into the validity of said contracts, and report ta 
this General Assembly whether, in his opinion, the State can, in any 
wav, be relieved from said contracts. ■.';'/ > . j .1. 

I am further directed to say that the House has concurred in the 
following resolution of the Senate, to- wit : 

Resolved by the Senate, the House concurring, That the message of 
His Excellency, the Governor, in relation to the procuring of a suitable 
building for State Officers, be referred to a committee of three on 
the part of the Senate, and five on the part of the House, ' ,';:'•: 

And that the Speaker has appointed Messrs. Prather, Gleason, 
Newcomb, Buskirk and Brown, said Committee on the part of the 
House. 

I am further directed by the House of Ptepresentatives to inform 
the Senate that the House has passed the following engrossed bills of 
the Senate, to-wit : . • • ; 

Engrossed Senate bill No. 4. A bill to provide for the making 
and authentication of transcripts from the records of the Recorder's 
office, in certain cases, and for the admissibility in evidence of the 
same, and certified copies of the deeds and mortgages contained 
therein. 

Engrossed Senate bill No. 25. An act definincr certain misde- 
meanors, and prescribing punishment therefor. 



199 

Engrossed Senate bill No. 82. An act to authorize cities to pre- 
pare, execute, negotiate and sell bonds to procure means to complete 
unfinished school buildings, and to pay debts contracted for the erec- 
tion of school buildings, and to authorize the levy and collection of 
an additional special school tax, to provide means for the payment of 
the interest and principal of such bonds, and declaring an emer- 
gency. •' ,.- ' . ; '■ ■■•' ^ ■ ■ ■'-• :' ■■'.■■, 

Engrossed Senate bill No. 84. An act to amend section 2 of an 
act entitled " an act prescribing the powers and duties of Justices of 
the Peace in State prosecutions," approved May 29, 1852, so as to 
authorize the service of a warrant throughout the State, 

Engrossed Senate bill No, 115. An act to amend section 11 of 
an act entitled " an act concerning county prisons, approved May 
27, 1852. . ^ ,^ 

I am further directed to inform the Senate that the House has 
passed the following engrossed bills thereof, in which the concurrence 
of the Senate is respectfully requested : 

Engrossed House bill No. 82. A bill concerning the creation of 
corporations for the purpose of maintaining high schools within the 
State, and giving the requisite powers to such corporations. , , . 

Engrossed House bill 212. A bill to legalize the appraisement of 
real estate, made under the provisions of the act entitled " an act to 
provide for the appraisement of the real estate, and prescribing the 
duties of officers in relation thereto," approved December 21, A. D. 
1858, and the assessment and levy of taxes made, and to be made 
hereafter, on such appraisement. 

The question being on concurring in the amendments of the House 
to Senate bill No. 196, Messrs. Vawter and Gilford demanded the 
ayes and noes. 

Those who voted in the affirmative were. 

:_•!■■ 1 . I • 

Messrs. Allison, Bennett, Bonham, Cason, Chapman, Culver, Dykes, 
Niles, Noyes, Oyler, Reagan, Terry, Van Buskirk, Ward and 
Woods — 15. 

Those who voted in the negative were, .. . / - . ■) ;■ 

Messrs. Barker, Bowman, Bradley, Brown of Hamilton, Brown 
of Wells, Cobb, Corbin, Cullen, Davis, Douglas, English, Finch, Fuller, 



200 

Gaff, Gifford, Hanna, Jinkcns, Marshall, McClurg, Mason, Milliken, 
Moore, Newlin, Richmond, Staggs, Thompson, Vawter, 'Williams and 
Mr. President— 29. 

So the amendment was not concurred in. 

Senate bill No. 267, entitled an act districting the State for judi- 
cial purposes, and for fixing the time for holding the Circuit Courts 
in the several counties in the State, 

Was read a first time, and passed to a second reading. 

Mr. Beeson asked and obtained leave to record his vote on con- 
curring in amendments to Senate bill No. 19G. 

Mr. Beeson voted aje. 

Mr. Dunning moved to lay so much of Mr. Oyler's report as re- 
lates to Senate bill 187, and the bill (No. 187), on the table, 
, Which "Was agreed to. . ? o : . ; ( .t ..r{ n. i 

Mr. Richmond, from the Committee on the Organization of Courts, 
made the following report : • 

Mr. President : ..,;,,,,■•. :, - ,.■ , s - .-i 

The Committee on the Organization of Courts, to whom was referred 
Senate bill No. 265, entitled an act fixing the time of the terms of the 
Wells Circuit Court, prescribing the duration thereof, providing for 
the return of process therein, repealing conflicting laws and de- 
claring when this act shall take effect, have had the same under con- 
sideration, and have directed me to report the bill back to the Senate 
and recommend its passage. 

Which report was concurred in. ; ,; - ,i <.).:: 

Senate bill No. 265, was read a second time and passed to a third 
reading. 

Mr. Beeson from the Committee on Finance, made the following 
report: ■" ■' .-^Ji'-'''-' ■ :" • - ' ' ' '■"■"■' ■'•■■■''■■ 

Mr. President: .. i- 

The Committee on Finance, to whom was referred Senate bill 
No. 182, an act providing for the organization of Circuit Courts, the 
election of Judges thereof, and defining their powers and duties, have 



201 

had the some under consideration, and have directed rae to report tlio 
same back to the Senate, and that it be referred to the Comitittee on 
the Organization of Courts. 

Which report was concurred in. . > ■ 

Mr. Chapman, from the Committee on Finance, made the follovring 
report : 

Mr. President : 

The Committee on Finance, to whom was referred Senate bill No. 
12, an act authorizing creditors, in certain cases, to bring action on 
their claims before they are due, and have attachment against the 
property of the debtor, to garnishee property, monies, effects, the 
proceedings therein, and declaring when this act shall take effect, 
have had the same under consideration, and have instructed me to 
report the same back to the Senate and recommend that it be referred 
to the Committee on the Judiciary. 

Which report was concured in. 

Mr. Bonham, from the Committee on Finance, made the following 
report : 

Mr. President : 

The Committee on Finance, to whom -was referred Senate bill No. 
230, entitled an act in relation to the organization of the Senate ami 
House of Representatives, have had the same under consideration, 
and have directed me to report the same back to the Senate and rec- 
ommend its passage without amendment. 

Wiiich report was concurred in. 

Mr. Woods, from the Committee on Finance, made the following 
report : 

Mr. President : 

The Committee to whom was referred Senate bill No. 2t)2, entitled 
an act to make an appropriation to pay the balance of the quota of 
this State of the Soldiers' National Cemetery at Gettysburg, Penn- 
sylvania, as assessed by the Board of Managers of said association, 
have had the same under consideration, and have directed me to 
report the same back to the Senate and recommend its passage. 

Which report was concurred in. » 



202 

Senate bill No. 262 ^wos read a second time, and passed to a third 
readin":. 



Mr. Bradley from the Committee on Finance made the following ' 
roDort : 



Mr. President : ■ }1 

i 

The Committee on Finance, to whom was referred Engrossed 

House bill No. 78, a bill to provide for the sale of certain lands ' 

belonging to the State of Indiana, in the counties of Jasper and , 

Newton, and to give pre-emption to actual settlers thereon, have had ; 

the same under consideration, and have instructed me to report the | 

same back to the Senate, with a recommendation that it pass, j 

Which report was concurred in. ,, ,. ,/).',, ^w I 

House bill No. 78 was read a second time and passed to a third | 
reading. 

Mr. Richmond, from the Committee on County and ToAvnship Busi- 
ness, made the following report : 

Mr. President : 

The Committee on County and Township Business, to whom was 
referred House bill. No. 53, entitled a bill to amend section 14 of 
an act entitled "an act to provide for the uniform mode of doing 
township business, prescribing the duties of certain oiScers in connec- 
tion therewith, and to repeal all laws in conflict with this act," 
approved February 18, 1859, have liad the same under consideration, 
and have directed me to report the bill back to the Senate, and 
recommend its passage. 

Which report was concurred in. 

House bill No. 53, was read a second time, and passed to a third 
reading. 

Mr. Cobb, from the Committee on the Judiciary, made the follow- 
ing report: 

Mr. President : ; 

The Committee on the Judiciary, to whom was referred Senate bill 
No. 21G, a bill to repeal sections 43 and 44 of an act entitled "an act 



203 

prescribing who may make a will, the effect thereof, what may be 
devised, regulating the revocation, admission to probate and contests 
thereof, approved May 31, 1852, have had the same under consider- 
ation, and have instructed me to report the same back, and recom- 
mend its passage, 

Which report was agreed to. 

Senate bill No, 216 was read a second time and passed to a third 
reading. 

Mr. Dunning moved to take up that part of the Governor's mes- 
sage on the subject of agricultural colleges, and refer it to the select 
committee on that subject. 

Which was agreed to. ' 

On motion of Mr. Cullen, 

The Senate adjourned till 2 o'clock P. M. 



2 o'clock, p. m. 

The Senate met. 

The hour having arrived for the consideration of the special 
order, House bill No. 04 was. 

On motion of Mr. Oyler, 

Taken from the table. 

Engrossed Senate bill No. 64. An act to provide for the registry of 
voters, and to declare their residence and to punish fraudulent prac- 
tices touchmg elections, and defining the duties of certain officers 
therein named, and providing compensation for the services of such 
officers. 

The question being on the passage of the bill, 

Mr. Oyler moved to recommit the bill to the Committee en Elec- 
tions with the following instructions : 

First, To inquire whether the Legislature has the power to require 
a residence of ten days as provided in the first section of the bill. 



204 



Second, To amend the second section of the bill so that the oldest 1 
Justice of the Peace in each township shall act in conjunction with ' 
the Township Trustees, instead of the two oldest Justices of the i 
Peace as now required. ' ■ • ., j 

Mr. Brown of Wells, moved to amend the bill so as to provide for \ 
an appeal from the Board of Registry, by any person personally 
aggrieved by their decision," i 

Which was adopted. | 

The question recurring on Mr. Oyler's motion, -c^'*' < "^ ' 
It was agreed to. ■ . . i.- ■<.r- ■ 



So the bill was recommitted. • v.- f 

Mr. Cullen, from the select committee to whom was referred Sen- 
ate bill No. (iQ, made the following report: • '■'!':'■ •'■ - 

Mr. President : 

The select Committee to v,hora was referred Senate bill No. 60, 
entitled an act to amend section 11 of an act entitled " an act to fix 
the time of holding the Common Pleas Courts in the several counties 
of this State, creating a new district, and providing for the election 
of a Judge therein, the duration of the terms thereof, and making 
all process from the present Common Pleas Courts returnable to 
such terms, declaring when this act shall take effect, and repealing 
all laws inconsistent therewith," approved ^larch 5, 1869, have had 
the same under consideracion, and have directed me to report the 
same back to the Senate, with the following amendment, to-wit : 

Strike out the figures " 1865" in the 63d line and insert the fig- 
ures " 1866," and when so amended, recommend its passage. 

Which report was concurred in. 

Mr. Niles, from the Judiciary Committee, made the following 
report : 

Mr. President: , :;, ; -.■.;' \: m.,:/" .;^ 

The Judiciary Committee, to whom was referred Senate bill No. 
215, entitled an act to amend section 27 of an act entitled "an act 
to revise simplify and abridge, the rules of practice, &c.," have 
directed me to report, the same back to the Senate and recommend 
that it be amended as follows : 



205 

Amend by striking out the words, '" or the Supreme Court," in the 
ijth line and 2d page of the amendatory section. Also, by striking 
out from the title all of the figures " 1852," and with such amend- 
ments, they recommend the passage of the bill. 

Senate bill No. 215 was read a second time. 

Mr. Allison moved to strike out the words, " Common Pleas 
Judge." 

Which was not agreed to. 

Mr. Bowman, from the Committee on Corporations, made the fol- 
lowing report: 

Mr. President : 

The Committee on Corporations, to whom was referred Senate bill 
No. 246, an act entitled an act to repeal the 17th section of " an act 
to incorporate the Firemen and Mechanics' Insurance Company, and 
declaring an emergency," have had the same under consideration, 
and have instructed me to report the same back, without amend- 
ment, and recommend its passage. 

Which report was concurrred in. 

Senate bill No. 2-iG was read a second time and passed to a third 
reading. 

Mr. Cobb, from the Committee on the Judiciary, made the follow- 
ing reporc : 

Mr. President : 

The Committee on th^ -Jadiciary, to whom was referred Senate bill 
No. 212, a bill to amend section 23 of an act entitled "an act for 
the incorporation of Insurance Companies, defining their powers and 
prescribing their duties," approved June 17, 1852, have had the 
same under consideration, and have instructed me to report the same 
back to the Senate, without amendment, and recommend its passage. 

Which report was concurred in. 

Senate bill No. 212 was read a> sjecond time and passed to a third 
reading. 



206 

Mr. Ilanna, from the Committee on Corporations, made the follo\V' 
ing report : 

Mr. President : .,,;. s. 

The Committee on Corporations, to wliom was referred Senate bill 
No. 213, entitled an act to amend section 33 of an act entitled "an 
act to repeal all general laws now in force for the incorporation of 
of cities, and to provide for the incorporation of cities, to prescribe 
t'.ieir form and rights, and the manner in which they shall exercise the 
same, and to regulate such other matters as properly pertain thereto," 
approved March 8, 1857, report that they have had the same under 
consideration, and have directed me to report the same back to the 
Senate, with the recommendation that any further legislation on that 
subject is unnecessary. •■'' '•;■ 

Which report was concurred in. 

Mr. Hanna moved that the bill and report lie upon the table. 
Which was agreed to. 

Mr. McClurg, from the select committee on Senate bill No. 227, 
made the following report : 

Mr. President : 

The special committee, to whom was referred Senate bill No. 227, 
entitled an act for the relief of Isaac D. Armstrong, of the county 
of Clinton, in the State of Indiana, have had the same under consid- 
eration, and a majority of the committee have directed me to report 
the same back to the Senate and recommend its passage. 

Which report was concurred in. 

Mr. Beeson moved to recommit the bill to the Committee on 
Finance, , ,s..rr - "' :•• 

Which was not agreed to. ,,:•..';■.••, 

The bill was ordered to be engrossed, and read a third time to- 
morrow. 

Mr. Richmond, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. President : 

The Committee on County and Township Business^ to whom vras 



207 

referred Senate bill No. 161, entitled a bill requiring the Beards of 
County Commissioners in the several counties of the State of Indiana 
to examine the books, papers and vouchers, of any officer in their 
respective counties who may be charged with havino- received a 
greater amount of fees than he is legally entitled to receive, to de- 
termine the amount thereof, if any, and to cause suit to be brought 
for its recovery, and declaring an emergency," have had the same 
under consideration, and have directed me to report the bill back to 
the Senate and recommend its passage. 
Which report was concurreil in. 

Senate bill No. 161 was read a second time and passed to a third 
reading. x 

Mr. Yawter, from the select coaimittee on Senate bill No. 214, 
made the following report : 

Mr. President : 

The special committee to whom v,-as referred Senate bill No. 214, 
a bill to define what officers shall be elected by each House of the 
General Assembly, and fixing their compensation, and repealing all 
laws inconsistent therewith, have had the same under consideration, 
and beg leave to make the following report : 



t 



The committee believe that the present system is liable to abuse, 
and is too expensive. At the regular session the services provided 
for in this Ijill, cost the State about the sum of twenty-eight thousand 
dollars. Under the provisions of this bill, it would cost the State 
seven thousand seven hundred dollars. While the expenses of the 
present session will be much smaller than ordinary, and without any 
design to reflect upon the present officers, it may not be improper to 
say that the clerical labor of the Senate, each day, costs the State of 
Indiana the sura of sixty dollars, making the sum of twenty-four 
hundred dollars, to which may be added the sum of one hundred and 
fifty dollars, the usual allowance for indexing, making the clerical 
■work of this session cost the State the sum of twenty-five hundred 
and fifty dollars. This is upon the theory that we pay five dollars 
per day, and under the provisions of this bill, it will cost the State 
sixteen hundred dollars for the same service. Although our present 
officers fiiithfully discharge their duties, yet we believe if they were 
left entirely free in the selection of their assistants, and the amount 



208 

of their fees per diem, dependin:^, to some extent, upon their own 
exertions, that the work wouhl be as well done and more cheaply to 
the State. < :■■■■.. .'':■•■ :/. 

For these reasons, the committee would respectfully recommend, 
unanimously, that the bill be amended by striking out, after the en- 
acting clause, and inserting the accompanying amendment, and when 
so amended, they recommend the passage of the bill. . - 

Strike out, after the enacting clause, and insert the following: 

Section 1. That there shall be elected by the Senate, at the com- 
mencement of each session, a Secretary and one Doorkeeper ; that 
for every session of sixty days the Secretary shall be allowed the 
sum of two thousand dollars; that for every session of sixty days, 
the Doorkeeper shall be allowed the sura of twelve hundred dollars; 
that for every session of forty days, the Secretary shall be allowed 
the sum of sixteen hundred dollars; that for every session of forty 
days, the Doorkeeper of the Senate shall be allowed one thousand 
dollars ; that the amount herein allowed to the Secretary of the Sen- 
ate shall include the reading, registering, filing, engrossing and 
enrolling bills, the making and indexing of the journals, in fine, all 
services usually required of the Principal and Assistant Secretaries 
of the Senate, and that no other or further allowance shall be made 
ti^ said Secretary ; that the amounts herein allowed to the Doorkeeper 
of the Senate, shall include the keeping of the Senate chamber warm 
and in good order, folding documents, carrying mails, and all such 
other duties as are usually required of the Doorkeeper and pages of 
the Senate, and that no other or further allowance shall be made to 
said Doorkeeper. \; 

Sec. 2. That there shall be elected by the House of Representa- 
tives, at the commencement of each session, a Clerk and one Door- 
keeper ; that for every session of sixty days, there shall be allowed 
to the Clerk the sum of three thousand dollars ; that for every session 
of forty days there shall be allowed to the Clerk the sum of twenty- 
four hundred dollars ; that the amount herein allowed to the Princi- 
pal Clerk of the House shall include the reading, registering, filing, 
engrossing and enrolling bills, the making and indexing the journal. 
in fine, all services usually required of the Principal and Assistant 
Clerks of the House of Representatives, and that no other or further 
allowance shall be made to said Clerk ; that for every session of 
sixty days, the Doorkeeper of the House of Representatives shall be 



209 

al lowed the sum of fifteen hundred dollars ; that for every session 
of forty days, the Doorkeeper of the House of Representatives shall 
be allo'rt-ed the sum of twelve hundred dollars; that the amount 
herein allowed to the Doorkeeper of the House of Representatives 
shall include the keeping of the House chamber warm and in -^ood 
order, folding documents, carrying mails, and all such other duties as 
arc usually required of Doorkeepers and pages of the House of Rep- 
resentatives, and that no other or further allowance shall be made to 
said Doorkeeper. 

Sec. 3. All laws, or parts of laws, contravening the provisions of 
this act are hereby repealed. 

Senate bill Xo. 214 was read a second time an I passed to a third 
reading. 

Mr. Williams, from the Committee on Finance, made the folIowinfT 
report : 

Mr. President : 

The Committee on Finance, to whom was referred House bill No. 
84, entitled a bill to legalize the action of the Boards of Countv 
Commissioners of Vermillion county, and of the District and State 
Boards of Equalization in adopting the appraisement of real estate 
of 1859 as the basis for the assessment of taxes for the year 1864, 
and each year thereafter till a new appraisement shall be nnule, have 
had the same under consideration, and have directed me to report the 
same back to the Senate and recommend its passage. 

Which was concurred in. 

House bill No. 84 was read a second time and passed to a third • 
reading. 

Mr. Niles, from the Judiciary Committee, made the following 
report : 

Mr. President : ^ 

The Judiciary Committee, to whom vfas referred Senate bill No. 
203, entitled " an act to authorize suits to be brought and executions 
to issue, by and against finns or partnerships, in the firms or partner- 
ships named," have had the same under consideration, and are of the 
opinion that the legislation therein proposed is inexpedient; they 
therefore recommend that it be laid on the table. 

Which report was concurred in, • , • 

S, J.— 14 



210 

Mr. Cobb, fro the Committee on the Organization of Courts, made 
the following report. 

Mr. President : 

The Committee on the organization of Courts to -whom was refer- 
red Senate bill No. 226, entitled a bill to amend certain sections? 
therein enumerated, of an act entitled an act regulating fees of 
officers," approved March 2d, 1865, have had the same under consid- 
eration and have instructed me to report the same back, with the 
following amendment, to-wit : 

Strike out the first paragraph in section 2, and insert in lieu thereof 
the following : 

" Docket fee in the Circuit Court, or Court of Common Pleas, in 
case of felony, on a plea of guilty, $5. 

" Docket fee in the Circuit Court, or Court of Common Pleas, in 
case of felony, on a plea of not guilty, in case the defendant is 
convicted, $10. 

" Docket fee in the Circuit Court, or Court of Common Pleas, in 
misdemeanor, on a plea of guilty, $2 50. 

" Docket fee in the Circuit Court, or in the Court of Common 
Pleas, in misdemeanor, on plea of not guilty, in case the defendant 
is convicted, $5." 

Amend further, by striking out all of the fifth paragraph of said 
section. 

Amend the third paragraph of the sixth section of the bill, by 
striking out the figures " 75 " where they occur, and insert in lieu 
thereof, the figures " 50." 

Amend the first paragraph of the seventh section, by striking out 
the figures "1.50," where they occur, and inserting the figures "1.25" 
in lieu thereof," 

Amend the first paragraph of the eighth section by striking out 
75," where it occurs, and insert " 50." 

Strike out all of the second paragraph of said eighth sectioH. 

Strike out all of the ninth section of the bill, and when so amended, 
the Committee recommend its passage. 



211 

Tiie qwestion being on concurring in the amendment reported 
bj the Committee, striking out five cents milage for a writ before a 
Justice of the Peace^ 

The amendment was not concurred in. 

Mr. Fuller moved to reconsider the vote Just taken* 

Messrs. Cullen and Cobb demanded the ayes and noes* 

Those who voted in the affirmative were, 

Messrs. Barker, Brown of Wells, Cason, Cobb, CuUen, Davis, 
Fuller, Hanna, Hyatt, Marshall, Milliken, Niles, Ojler, Richmond, 
Williams and Wright — 16» 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley, 
Chapman, Douglas, Dykes, English, Finch, Gaff, Gifford, Jinkens, 
McClurg, Mason, Moore, Newlin, Noyes, Reagan, Staggs, Terry, 
Thompson, Van Buskirk, Vawter, Ward, Woods and Mr. Presi- 
dent— 28. 

So the motion to reconsider was lost., 

The question being on the amendment to sirike out all relating to 
mileage for jurors before Justices of the Peace, 

Messrs. Cobb and Cullen demanded the ayes and noes. 

Those who voted \n the affirmative were, 

M'essrs. Barker, Bonham, Brown of Wells, Cason, Cobb, Cullen, 
Davis, English, Hanna, Marshall, McClurg, Mason, Milliken, Niles, 
■Oyler, Richmond, Terry, Williams and Wright — 19. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bowman, Bradley, Chapman, 
'Corbin, Douglas, Dykes, Finch, Fuller, Gaff, Gifford, Hyatt, Jinkens, 
Moore, Newlin, Noyes, Reagan, Staggs, Thompson, Van Buekirkj 
Vawter, Ward, Woods and Mr. President^ — 26. 

So the amendment was not concurred in. 



The question being on striking out the nintit aectioD,- 
It was not concurred in. 

Mr. Brown of "Wells, inoved to postpone the further consid'eratioi? 
of the bill until December 23d. 

Mr. Bennett moved to lay the motion on the table. 

Messrs. Bro'wn of Wells, an^l Bennett, demanded the ayea sncl 
noes. 

Those who voted in the affirmative were, 

Messrs. AllisOn, Beeson, Bennett, Bowman, Bradley, Cason, Chap-' 
man, Corbin, Davis, Douglas, Dykes, English, Finch, Gifford, Ilyatt^ 
McClurg, Mason, Milliken, Newlin, Noyes^ Oyler, Reagan, Terry, 
Thompson, Van Buskirk, Ward, Woods, Wright and Mr. Presi- 
dent— 29. 

Those who voted in the negative were, 

Messrs. Earlier, Brown of Wells, Cobb, Cullen, Fuller, Gaff, 
Hanna, Jinkens, iMarshall, Moore, Niles, Richmond, Staggs, Vawter 
and Williams — 15. 

So the motion was laid on the table, • 

The question being on the passage of the' bill, 

Mr. Oyler demanded the previous question. 

Which was seconded. • '-. ■■'' 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, "'"' 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley, 
Cason, Chapman, Corbin, Cullen, Davis, Douglas, Dykes, Gaff, Gif- 
ford, Hyatt, McClurg, Mason, Newlin, Noyes, Oyler, Reagan Rich-- 
mond, Staggs, Terry, Thompson, Yan Buskirk, Ward, Woods, Wright 
and Mr, President — ^31. 

, Those who voted in the negative were, 

Messrs. Barker, Brown of Wells, Cobb, English, Finch, Fuller,. 
Hanna, Jinkens, Marshall, Milliken, Moore, Vawter and Williaras-lS; 

So the bill passed. 



Tlie question being, shall the title, as read, stand as the title of 
the bill ? 

It was so ordered. 

{^rdered^ That the Secretary inform the House thereoL 

On motion of Mr. Staggs, 

The Senate iidjourned. 



THURSDAY MORNING, 9 o'clock, I 
November 30, 1865. / 

The Senate met. 

The Secretary proceeded to read the journal, when, 

On motion of Mr. AKison, 

The further reading was dispensed witk. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

Mr. Allison offered two petitions praying that the General Assem- 
1)ly, now m session, do not pass any of the bills on the subject of tem- 
perance, now before them, but that they so amend the present license 
law, as to hold minors responsible for their conduct in imposing upon 
a licensed liquor dealer, by punishing them in equal sums with the 
liquor dealer from whom they obtain the liquor, 
% Which were referred to the Committee on Temperance. 

Mr. Beeson presented two petitions on the subject of tem- 
g)erance, ; 

Which were referred to the Committee on Temperance. 

Mr. Hood offered a petition praying for the repeal of " an act for 



214 

the relief of the families of soldiers, seamen, marines '* &c., approve*! 
March 4th, 1865, 

Which was referred to the select committee on that subject. 

Mr. Ward from the Committee on Corporations made the following 
report : 

Mr. President : 

The Committee on Corporations to whom was referred House bill' 
No. 63, " an act relating to corporations for mechanical, manufactur- 
ing, mining and quarrying purposes," have had the same under con- 
sideration, and have directed me to report the same back to the- 
Senate, without amendment, and recommend its passage, 

Which report was concurred in. 

House bill No. 63, was read a second time and passed to a third 
reading. 

Mr. Allison, from the Committee on Education, made the follow- 
ing report : 

Mr. President : 

The Committee on Education, to whom was referred House bii 
No. 119, entitled " a bill to establish and create a State Normal 
School, and matters connected therewith," have had the same under 
consideration, and recommend that the following changes be made : 

First, That in section two, line two, the word " four," be substitu- 
ted for the word " five." 

Second, That in section.four, line one, the term " January 1866*^ 
be substituted for "April." 

Third, That section three be changed to read as follows, to-wit :: 
'^Two members of this Board shall retire as may be determined by 
lot, or otherwise, two years after their appointment, and the remain- 
ing two in four years, whereupon the General Assembly shall appoint 
their successors for a period of four years. All vacancies occurring: 
in said Board from death, or resignation, shall be filled by appoint- 
ments made by the Governor. 

Foruthy That section six be changed to read as follows, to-wit;. 



215 

Said Board shall locate said school at such place as the citizens 
thereof shall obligate themselves for the largest donation : Provided, 
First, That said donation shall not be less, in cash value, than forty 
thousand dollars: Second, That such place shall possess reasonable 
facilities for the success of said school. 

Fifth, That in section eight, line five, the term "five thousand 
dollars " be substituted for the term " one thousand dollars." 

Sixth, That in section ten, line two, the words, " and may, for 
sufficient reasons, dismiss the same," be expunged. 

Seventh, That in section eleven, line three, the words, " residence 
in Indiana," be expunged. 

Eighth, That section twelve be changed to read as follows, to-wit : 
*' Tuition in the Normal School shall be free to all residents of Indiana, 
who fulfill the four conditions set forth in section eleven of this act, 
and such other conditions as the Board may require." 

^nth, That in section 14, line five be changed to read as fol- 
lows, to-wit : " these schools to the Governor on or before the first 
Monday in January." 

Sec. 18. Whereas, An emergency exists for the immediate taking 
effect of this act, it is hereby declared that it shall take effect and bo 
in force from and after its passage. 

Mr. Cullen moved to reconsider the vote by which " $50,000" was 
stricken out and " $40,000 " inserted. 
Which was agreed to. 

The question being on concurring in the amendment of the Com- 
mittee, 

It was not concurred in. 

The question being on concurring in the amendment of the Com- 
mittee on section 8, 

Messrs. Allison and Cullen demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bradley, Cason, Chap- 



21t) 

man, Culver, Bavis, Dykes, McCIurg, ^ilcs, Noyes, Keagan, Eich- 
mond, Terry, Van Buskirk, Vawter, Ward and Mr. President — 20. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Brown of Hamilton, Brown of Wells 
Cobb, Corbin, Cullen, Douglas, English, Finch, Fuller, Gaff, Gilford, 
Hanna, Hyatt, Jinkens, Marshall, Mason, Milliken, Moore, Newlin, j 
Oyler, Staggs, Thompson, V\'illiams and Wright — 26. j 

So the amendment was not concurred in. j 

Mr. Cullen moved to strike out " ^1,000' from section 8. | 

I 
Messrs. Van Buskirk and Cullen demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bowman, Brown of Hamilton, Brown of Wells, 
Cobb, Corbin, Cullen, Culver, English, Finch, Fuller, Gaif, Gifford, 
Hanna, Hord, Hyatt, Jinkens, Marshall, Mason, Moore, Oyler, 
Staggs, Thompson, Williams and Wright — 25. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bonhana, Cason, Chapman, 
Davis, Douglas, Dykes, McClurg, Milliken, Newlin, Niles, Noyes, 
Reagan, Terry, Van Buskirk, Vawter, Ward and Mr. President — 30. 

So the motion was adopted. 

A rjQcssage was received from the House, by their Clerk, Mr. 
Nixon : 

Mr. Pkesident : 

I am directed by the Speaker of the House of Representatives, to 
inform the Senate that he has signed the following enrolled acts, to- 
wit: 

Enrolled act No. 12, an act to amend the first section of an act 
entitled " an act for the better protection of religious meetings, agri- 
cultural fairs, and other lawful assemblages of the people," approved 
March 3, 1859. 

Enrolled act No. 27, an act to legalize the acknowledgements of 



l,{, 217 

all deeds, mortgages and other instruments, required to be recorded, 
taken and certified, by Notaries Public who took and certified such 
acknowledgements after the expiration of their Commissions. 

Enrolled net No. 43, an act to repeal an act entitled "an act to 
establish courts of conciliation, to prescribe rules and proceedings 
therein, and compensation of Judges thereof,"' approved June 11, 
1852. 

And the President of the Senate is respectfully requested to sign 
said enrolled acts. 

; .• Mr. Niles offered the following: 

Amend section 2 by striking out the words, " the General Assem- 
bly shall appoint," and insert in lieu thereof, the words, " the Gover- 
nor shall appoint, with the approval of the Senate." 

Amend section 3 by striking out the words, "the General Assem- 
bly shall appoint,'"' and inserting in lieu thereof, the words, " the 
Governor, with the approval of the Senate, shall appoint," as afore- 
said. 

Which were adopted. 

House bill No. 119 was read a second time and passed to a third 
reading. 

Mr. Allison moved to amend the title of the bill by adding the 
words, " and declaring an emergency." 

The report, as amended, Avas concurred in. 

Mr. Chapman, from the Committee on Finance, made the following 
report : 

Mr. President : 

The Committee on Finance, to whom was referred Senate bill No. 
254, entitled an act to amend section 2 of "nn act to provide a troas- 
uary system for the State of Indiana, for the manner of receiving, 
holding and disbursing, the .public moneys of the State, and for the 
safe keeping of public moneys," have had the same under considera- 
tion, aud have instructed me to report the same back and recom- 
mend its passage. , . 

Which report was concurred in. 



218 



Senate bill No. 254 was read a second time and passed to a third ', 
reading. 

! 

Mr. Noyes, from the Committee on County and Township Business, | 
made the following report : I 

Mr. President : ! 

The Committee on County and Township Business, to whom was ; 

referred Senate No. 228, entitled an act to amend an act entitled "an 1 

act to provide for the uniform mode of doing township business, pre- ' 

scribing the duties of certain officers in connection therewith, and to ; 

repeal all laws conflicting with this act," approved February 18, , 
1859, have had the same under consideration, and have directed me 
to report the same back to the Senate and recommend its passage. 

Which report was concurred in. | 

! 
Senate bill No. 228 was read a second time and passed to a third 

reading. ] 

Mr. Beeson, from the Committee on Finance, made the following 
report : 

Mr. President : 

The Committee on Finance, to whom was referred engrossed House 
bill No. 187, " an act authorizing and requiring the Commissioners of 
the State Debt Sinking Fund to make settlement with the Sinking 
Fund Commissioners for $422,000, war loan bonds, purchased by 
the Sinking Fund Commissioners with moneys belonging to the Com- 
mon School Fund ; also, the sura of $165,000, moneys belonging to 
the Common School Fund, advanced by the Sinking Fund to pay 
interest on the State debt ; also, the sum of $33,536 09, Saline Fund, 
and $22,947, Bank Tax Fund, directing the transfer to the Common 
School Fund of the State of Indiana so much of the two and a half 
and five per cent, certificates of the stocks of the State as will, at 
the price paid for the same, amount to the aggregate of the sums 
mentioned in this act, authorizing and directing the proper officers of 
State to issue a bond of the State for the amount thereof — bearing 
six per cent, interest, payable semiannually, and principal payable 
at the pleasure of the State — directing the Treasurer of State to pass 
to the credit of the General Fund the several amounts herein speci- 
fied, and declaring that an emergency exists for the immediate taking 



219 

effect of this act," have had the same under consideration, and direct 
me to report said bill back to the Senate, without amendment, and 
recommend its passage. 

' . Which report was concurred in. 

I 

House bill No. 187 was read a second time, and passed to a third 
readino;. 

Mr. Chapman, from the Committee on Finance, made the following 
report : 

Mr. President : 

The Committee on Finance, to whom was referred House bill No. 
47, increasing the powers of the Board of Sinking Fund Commis- 
sioners, and authorizing said Board to invest any moneys belonging 
to said fund, in Indiana State Bonds or Stocks, and providing for the 
cancelling of such bonds or stocks, and the reissuing of non-nego- 
tiable bonds or stocks, payable to the School Fund, have had the 
same under consideration, have directed me to report the same back 
with the following amendments, and after being so amended, as fol- 
lows, recommend its passage : 

Strike out all after the word " discretion" in the fifth line of the 
first section, including the word "discretion" in the tenth line of the 
same section. 

Insert, after the word " stocks," in the eleventh line of the same 
section, the following : " subject to the approval of Lieut Governor 
Conrad Baker, now acting Governpr of the State, as to the price of 
bonds and stocks so purchased." 

Strike out all after the word " fund," in the twelfth line of the 
same section, including the word " individual," in the 15th line. 

Strike out all of the second section, and insert the following : 

" Sec. 2. On or before the fourth Monday of April, one thousand 
eight hundred and sixty-six, and on or before the fourth Monday of 
April in each year thereafter, until all the assets of the Sinking 
Fund shall have been invested in the bonds, and certificates of stock* 
of the State, it shall be the duty of the Board of Sinking Fund 
Commissioners, to make out a correct list of the bonds and stocks- 
held by them, and deliver the same, with said bonds and stocks, to 
the Auditor of State, who shall give his receipt for the same, setting 



220 j 

forth the amount of e-^ich particular kind x3f bonds and stocks, and 
upon receipt of the same, he shall enter them in a register prepared 
for that purpose, the amount, number, and rate of interest paid by' 
the State on the stirae, and when so entered, it shall be the duty of, 
•the Auditor of State, in the presence of the Treasurer and Secretary i 
of State, to burn the same, and they shall enter upon said register . 
an account of the same, signed by the Auditor, Treasurer and Secre- 1 
tary of State, and the proper officers now authorized by law to issue I 
bonds, shall issue to the Common School Fund, a new non-negotiable I 
bond, payable at the pleasure of the State, for an amount equal to ; 
the aggregate of aU the bonds and certificates so surrendered, whicb ] 
bond shall bear interest at the rate of six per cent, per annum, payable ' 
semi-annually, on the fourth Monday of April and fifteenth day of 
October in each year thereafter, which bond shall be r-egistered in a 
book, kept by the Auditor for that purpose, setting forth the date and 
amount of the same. 

Amend the titlo as follows : ■.' 

Strike otat after tlie word " Bo.^.rd,'* in tbo fourth line, all, inclu- 
ding the Avord " and," in the fifth line. Strike out the word "said," 
in the eleventh line, and inticrt the words, "the Common School." 

Tiic (juestion being on the consideration of House bill No. 47, 

Mr. Cull en niov-ed to make the bill the special order for two 
o'clock, 

Wliich was agreed to. 

On motion of Mr. Oyler, ■■■ ' <.• 

The Senate adjourned. '..... 



.2 o'clock ■?. M. 
The Senate met. >'. ,. ; 

The hour having amved for the consideration of the special 
order, 

Mr. Niles offered thd following amendment to the first amendment, 
suggested by the committee. 



221 

Amend by inserting in lieu of the words from line 5 to line 11 of 
section 1, proposed by the Committee to he stricken out, the follovr-- 
ing words, to-wit : • 

" And in case said bonds and obligations, of the State cannct, at 
any time, be purchased at a rate deemed reasonable, said Com~- 
missioners are hereby authorized to invest said funds in the bonds or 
other public securities of the United States, at not exceeding their 
mai'ket value ; and whenever thereafter said bonds of the State 
ean be purchased at such reasonable rates, said Commissioners may 
sell said securities of the United States, or any part thereof, for cash, 
and shall immediately reinvest the proceeds in snch bonds of the 
State as aforesaid." 

The question being on the adoption of iMr. Niles^ amendment, 
Pending which. 

The following message "Tras received from the House by Mr. Nixon^ 
their Clerk : 

Mr. Presidext : 

I am directed by the Speaker of the House of Representatives tc 
inform the Senate that he has sio-ned the follovvinsr enrolled acts of 
tlie Senate to- wit : 

Enrolled act No. 4. An act to pi'ovide for the making and authen- 
tication of transcripts from the records of the Recorder's office, in 
certain cases, and for the admissibility in evidence of the same, and 
certified copies of the deeds and mortgages contained therein. 

Enrolled'act No, 25. An act defining certain misdemeanors, and 
prescribing punishment therefor. 

Enrolled act No. 82. An act to authorize cities to prepare, exe- 
cute, negotiate, and sell bonds, to provide means to complete unfin- 
ished school buildings, and to pay debts contracted for the erection 
of school buildings ; and to authorize the levy and collection of an 
additional special tax, to provide means for the payment of the inter- 
est and principal of such bonds, and declaring an emergency. 

Enrolled act No. 84. An act to amend section 2 of an act entitled 
" an act prescribing the powers and duties of Justices of the Peace 
in State prosecutions," approved May 29, 1852, so as to authoriz-e 
the service of a warrant throtighout the State, 



222 

Eni-olletl act No. 115. An act to amend section 11 of an act enti» 
tied " an act concerning county prisons," approved May 27, 1862. 

The question recurring on the adoption of Mr. Niles' amendment, 
Messrs. Thompson nnd Dunning demanded the ayes and noes. 

Those vho voted in the affirmative were, 

Messrs. Allison, Beeson, Brown of Hamilton, I ason. Chapman, 
Davis, Dykes, Gaff, McClurg, Milliken, Kiles, Noyeg, Reagan, Terry, 
Thompson, Yen Buskirk, Ward, Woods and Wright' — 19. 

Those who voted in the negative were, j 

Messrs. Barker, Bennett, Bonham, Bowman, Bradley, Brown of. 
'Wells, Cobb, Corbin, Cullen, Douglas, English, Finch, Fuller, Gifford,i 
Hanna, Hord, Hyatt, Jinkens, Marshall, Mason, Moore, Newlin,! 
Oyler, Richmond, Stnggs, Vawter and Mr. President- — 27. 

! 
So th«) amendment was not adopted. j 

I 
The question recurring on concurrence in the first amendment,' 

suggested by the Committee, 

Mr. Cullen moved to lay the amendment on the table* 

Messrs. Cullen, and Cason demanded the ayes and noes. j 

Those who voted in the affirmative were, i 

I 

Messrs. Barker, Bennett, Bonham, Bowman, Brown of W^ells, Cobb,' 
€orbin, Cullen, Finch, Fuller, Galf, Gilford, Hanna, Hord, Hyatt,, 
Jinkens, Marshall, McClurg, Mason, Moore, Newlin, Oyler, Rich-' 
mond, Staggs and Mr. President — 25. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bradley, Brown of Hamilton, Cason, 
Chapman, DaAis, Dykes, English, Milliken, Niles, Noyes, Reagan, 
Terry, Thompson, Van Buskirk, Vawter, Ward, Woods and Wright 
' — 20. [Mr. W^illiams was excused from voting.] 

So the amendment was laid on the table. 

Mr. Williams moved to recommit the bill to the Committee on 
Finance* 



223 

Mr. Cullen moved to lay the motion on the table. 

Messrs. Vawter and Bonham demanded the ayes and noes. 

Those who voted in the aflSrmative were, 

Messrs. Barker, Bennett, Bonham, Brown of Wells, Cobb, Corbin, 
Cullen, Douglas, English, Finch, Gaff, Gilford, Hanna, Hord, Hyatt, 
Jinkens, Marshall, Mason, Milliken, Newlin^ Oyler, Richmond, 
Staggs and Mr. President — 23. 

Thoee who voted in the negative were, 

Messrs. Allison, Beeson, Bowman, Bradley, Brown of Hamilton, 
Cason,* Chapman, Davis, Dykes, Fuller, McClurg, Moore, Niles, 
Noyes, Reagan, Terry, Thompson, Van Buskirk, Vawter, Ward, 
Williams, Woods and Wright — 23 

So the motion to lay on the table was not agreed to. 

The question being on the motion to recommit, 
Mr. Hanna demanded the previous question. 

The previous question was not seconded. 

The motion to recommit Avas then agreed to. 

On motion by Mr. Vawter, 
The Senate adjourned. 



FRIDAY MORNING, 9 o'clock, 1 
December 1, 1865. / 

The Senate met. 

The Assistant Secretary proceeded to read the journal, when^ 

On motion of Mr. Gifford, 

The further reading was dispensed with. 



224 

Tlio President laid before the Senate the following comraani- 
cation : 

Sen'ate Chamber, Dec. 1, 1865. 

To IIox. Paris C. Dunning, ' . •■ • ■: -.■, , '>l^. 

President of the Senate: 

Mr Dear Sir: — After the statement made by request of the State 
Printer, on a matter touching my veracity whilst in the discharge of 
my duty at this desk, I desire to submit the following : 

The statement I requested you to make yesterday morning on my 
behalf, relative to the special messages of the Governor, which were 
ordered by the Senate to be printed, and which were sent by me to 
the State Printer, on or about the 15th day of November, 1865, I 
desire in this manner to reiterate : 

I find said messages on the desks of the Senators, and am informed 
bv the Doorkeeper that they were placed thereon by him on Friday, 
or Saturday last. I Avas not cognizant of this fact until yesterday 
afternoon. I directed the Printer to return the messages to me when 
printed. Instead of so doing, they have been brought into the Sen- 
ate and distributed without my knowledge. Whj* the Doorkeeper 
did not so inform me, I do not know; he thought, probably, that it 
was not necessary. 

Indeed, I had no right to know that the messages v;ere in the 
Senate, according to the strict terms of the directions to the Printer. 
Had I thus known the fact, I would certainly have taken advantage 
of their presence, and so informed the Committee on said Messages ; 
for on yesterday, only, Senator Cobb urged me to '' hurry them up " 
from the Printer. Had I known that these m.essages had been sent 
dovrn to this chamber, I certainly would not so often have sent to the 
Printer for them, nor desired the announcement, made yesterday 
mornin;^, that I had not received them, which was, and is, strictly 
and wholly true. 

Picppectfully, *•■ ■ ■" 

0. M. WILSON, 

Prin, Sec. of Senate. 

Mr. Vawter moved to spread the communication upon the record, 
Which was unanimously agreed to. 



225 ' 

The President laid before the Senate the following communi- 
cation : 

Indianapolis, Dec. 1, 1865. 

To the Honorable, the President and ; 

Members of the Indiana Senate : 

Gentlemen : — The Indianapolis Hebrew Congregation, through 
their Committee on Building, take the pleasure of extending to you 
an invitation to be present at the ceremonies of laying the corner 
stone of the new Temple, to be erected by said Congregation, on 
Thursday, December 7th, 1865, (thanksgiving day), at 2 o'clock P. 
M., and express the hope that you will honor them with your 
presence. 

Place of meeting, Tabernacle, in Court House square, at 1 
o'clock P. M. 

I have the honor to remain 

Your obedient servant, 

J. WEEBSTER, 

Sec. Building Com. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

Mr. Noyes offered the following communication from the State 
Librarian : 

Office of State Librarian, \ 
Indianapolis, Nov. 30, 1865. j 

To the President and Members of the Senate : 

Gentlemen : — At the solicitation of Maj. General Alvin P. Hovey, 
I would call attention to the fact that he has now in his possession 
the only complete set of the Laws and Acts of Indiana, extending 
back to the data of its Territorial organization. You are aware, 
doubtless, that we have in the Library but a broken set of our Indi- 
ana Laws, many volumes of which have been missing for years. 
Should you deem it of sufficient importance that the same should be 
purchased for the benefit of the State, it might be well to appoint a 
committee to make inquiries as to the terms upon which they can be 
had, and also to examine the condition of the books, etc. They are 
now to be seen at Mrs. Caleb B. Smith's residence. 
S. J.— 15 



228 

Mr. Cullen moved to refer the communication from the State 

Librarian, to the Committee on that subject, ,., 

Which was agreed to. 

Mr. Beeson introduced the folloTving petition, praying for the 
repeal of the so-called " Black Laws" in our Statutes ; also, to 
propose such amendments to our State Constitution, as shall annul 
ths clauses in that instrument upon which these laws are based. 

Which was referred to the Committee on Rights and Privileges of 
the Inhabitants of the State. , ^^ , ,.,;^.,., 

Mr. Milliken, from the Committee on Rights and Privileges of the 
Inhabitants of the State, made the following report : — ^ 

Mr. President: ■»■>!.;,.• 

The Committee on Rights and Pririleges, to whom was referred 
Senate bill No. 219, a bill defining who shall be competent witnesses 
t5 testify in any court or judicial proceedings in this State, and 
to repeal all laws or parts of laws in conflict with the provisions of 
this act, have had the same under consideration, and have so amended 
it as to read " or blood " after the word " color," and when so 
amended, recommend its passage. 

The question being on concurring in the amendments proposed by 
the Committee, 

Mr. Brown of Wells, moved to make the bill and amendments the 
special order for Tuesday next at 2 o'clock p. m. 

Which was agreed to. 

Mr. Van Buskirk, from the Committee on Education, offered the 
following report : . . 

Mr. President : . . ^,,.. . ■ / u]\ '■':[ . ■', .:.- /;?;■,..::■• 'T 

The Committee on Education, to whom was referred Senate bill 
Ko. 255, a bill to amend the 2d section of an act entitled an act sup- 
plemental to an act entitled " an act for the incorporation of high 
schools, academies, colleges, universities, theological institutions and 
missionary boards," approved February 28, 1855 ; approved March 
5, 1859, have had the same under consideration^ and have instructed 
me to report the same back to the Senate, without amendment, and 
recommend its passage. ,. ..,.'. ; , , ■ ; ; ,\' 

Which report was concurred in, . , - ,^ .;•)?;,•: ' 



227 

Senate bill No. 255 was read a second time and passed to a third 
reading. 

Mr. Chapmivn, from the Committee on Finance, made the following 
report : 

Mt.. President : ■ . 

The Committee on Finance, to whom was referred House bill No. 
47, a bill to increase the powers of the Board of Sinking Fund Com- 
missioners, and authorizing said Board to invest any moneys belong- 
ing to said Fund in Indiana State bonds or stocks, and providing for 
the cancelling of such bonds or stocks and the re-issuing of non-nego- 
tiable bonds or stocks, payable to the School Fund, have had the 
same under consideration, and have instructed me to report the same 
back, with amendments, and after being so amended, recommend 
its passage. 

Which report was concurred in. ,1 

The question being on concurring in the report of the Committee, 
with the amendments proposed, 

Mr. Brown of Wells, moved to lay the amendments on the table. 

Messrs. Brown of Wells, and Beeson demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Bonham, Brown of Wells, Cobb, Corbin, 
Cullen, Douglas, Finch, Fuller, Gaff, Gifford, Hanna, Jinkens, 
McClurg, Mason, Moore, Newlin, Oyler, Richmond, Staggs and Mr. 
President — 24. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bradley, Brown of Hamilton, Cason, 
Chapman, Davis, Dykes, Hyatt, Marshall, Milliken, Niles, Noyes, 
Reagan, Terry, Thompson, Van Buskirk, Vawter, Ward, Williams. 
Woods and Wright — 22. 

So the amendment lies on the table. 

The question recurring on the second amendment proposed by the 
Committee, 

Mr. Cullen moved to lay the amendment on the table. 



228 

Messrs. Bradley and CuUen demanded the ayes and noes. 

Those "who voted in the affirmative were, 

Messrs. Barker, Bennett, Bonham, Bowman, Brown of Wells, 
Cobb, Corbin, Cullen, Culver, Douglas, English, Finch, Fuller, Gaff, 
Gifford, Hanna, Hord, Jinkens, Marshall, McClurg, Mason, Moore, 
Newlin, Oyler, Richmond, Staggs and Mr. President — 27. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bradley, Brown of Hamilton, Cason 
Chapman, Davis, Dykes, Hyatt, Milliken, Niles, Noyes, Reagan, 
Thompson, Van Buskirk, Vawter, Ward, Williams, Woods and Wright 

22. 

So the second amendment was laid on the table. 

The question being on concurring in the third amendment of the 
Committee. 

Mr. Brown of Hamilton, moved to lay the amendment upon the 
table. 

Messrs. Brown of Hamilton, and Cason, demanded the ayes 
and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Bonham, Bowman, Brown of V»'"ells, Cobb, 
Corbin, Cullen, Culver, Douglas, English, Finch, Fuller, Gaff, Gifford, 
Hanna, Hord, Jinkens, Marshall, McClurg, Mason, Moore, Newlin, 
Oyler, Richmond, Staggs, Williams and Mr. President — 28. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bradley, Brown of Hamilton, Cason, 
Chapman, Davis, Dykes, Hyatt, Milliken, Niles, Noyes, Reagan, 
Terry, Thompson, Van Buskirk, Vawter, Ward, Woods and Wright-20. 

So the third amendment of the committee waa laid on the table. 

The question being on concurring in the fourth amendment pro- 
posed by the committee, 

Mr. Brown of Wells, moved to lay the amendment on the table. 



229 

Messrs. Brown of Wells, and Noyes, demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Bonham, Bowman, Brown of Wells, 
Cobb, Corbin, Cullen, Culver, Douglas, English, Finch, Fuller, Gaff, 
Gifford, Hanna, Hord, Jinkens, Marshall, McClurg, Mason, Moore, 
Newlin, Oyler, Richmond, Staggs and Mr. President — 27. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bradley, Brown of Hamilton, Cason, 
Chapman, Davis, Dykes, Hyatt, Milliken, Niles, Noyes, Reagan, 
Terry, Thompson, Van Buskirk, Vawter, Ward, Williams, Woods and 
Wright-21. 

Mr. Cobb moved the previous question, which was not seconded 
by the Senate. 

Mr. Bradley offered the following amendment : 

Amend so as to strike out all that portion of the bill which confers 
authority upon the Sinking Fund Commissioners, to loan said Sink- 
ing Fund. 

The question being on the adoption of the amendment proposed by 
Mr. Bradley. 

Mr. Van Buskirk moved to refer the bill and amendment to the 
Committee on the Judiciary. 

Mr. Oyler moved to lay the motion on the table. 

Mr. Cason moved a call of the Senate, ^ 

Which was agreed to. 

The Secretary proceeded to call the roll, when the following Sen- 
ators answered to their names : 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Brown of Wells, Cason, Chapman, Cobb, 
Corbin, Cullen, Culver, Davis, Douglas, Dykes, English, Finch, Fuller, 
Gaff, Gifford, Hanna, Hord, Hyatt, Jinkens, Marshall, McClurg, 
Mason, Milliken, Moore, Newlin, Noyes, Oyler, Reagan, Richmond? 



230 

Staggs, Terry, Thompson, Vau Baskirk, Ward, Williams, Woods, 
Wrio-ht and Mr. President — 46. 

On motion. 

The further call of the Senate was dispensed with. ' '.' ' 

The question being on Mr. Oyler's motion, to lay the motion of 
Mr. Van Buskirk on the table, 

Messrs. Van Buskirk and Beeson, demanded the ayes and noes. 

Those who voted in the affirmative were, . .. .-n- 

Messrg. Barker, Bennett, Bonham, Brown of Wells, Cobb, Corbin, 
Cullen, Douglas, English, Finch, Gaff, Gifford, Hanna, Hord, Jinkens, 
Mason, Newlin, Oyler, Richmond, Staggs and Mr. President — 21 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bowman, Bradley, Brown of Hamilton, 
Cason, Chapman, Culver, Davis, Dykes, Fuller, Hyatt, Marshall, 
McClurg, Milliken, Moore, Niles, Noyes, Reagan, Terry, Thompson, 
Van Buskirk, Vawter, Ward, Williams, Woods and Wright — 27. 

So the motion to lay on the table was not agreed to. 

The following Message was received from the House, by Mr. Nixon, 
their Clerk : 

Mr. President : ■ "* 

I am directed to inform the Senate, that the House has passed the 
following engrossed bills thereof, in which the concurrence of the 
Senate is respectfully requested : 

Enfrrossed House bill. No. 177. A bill to amend section 143 of 
an act amendatory of " an act to provide for the publication of 
delinquent taxes," approved May 31, 18G1. • ' • •■ 

Engrossed House bill No. 33. A bill to amend the eighth section 
of an act entitled " an act to regulate and license the sale of spir- 
itous, vinous, malt and other intoxicating liquors, to prohibit the 
adulteration of liquors, to repeal all former laws contravening the 
provisions of this act, and prescribing penalties for violation thereof, 
approved March 5, 1859. 



231 

Also, House Joint Resolution No. 7. A Joint Resolution proposing 
an amendment to the Constitution of Indiana, by striking out the 
thirteenth article thereof. ..... 

. The question recurring on the motion to refer to the Judiciary 
Committee, . ., :,;■■)'■' 

. ' Messrs. Bonham and Corbin demanded the ayes a.nd noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Bceson, Bowman, Bradley, Brown of Hamilton, 
Cason, Chapman, Culver, Davis, Dykes, Fuller, Hyatt, McClurg, 
3Iilliken, Moore, Niles, Noyes, Reagan, Terry, Thompson, Van 
Buskirk, Vawter, Ward, Williams, Woods and Wright — 26. 

Those who voted in the negative were, 

Messrs. Barker, Bennett, Bonham, Brown of Wells, Cobb, Cul- 
len, Corbin, Douglas, English, Finch, Gaif, GifFord, Hanna, Hord, 
Jinkens, Marshall, Mason, Newlin, Oyler, Richmond, Staggs and 
Mr. President— 22. 

So the motion was agreed to. 

Mr. Chapman asked and obtained leave of absence until Tuesday 
aiext. . ■• 

Mr. Brown of Wells, asked and and obtained leave of absence for 
Mr. Bonham. , .. 

Mr. Bradley asked and obtained leave of absence for Mr. Gaff. 

Mr. Ward asked and obtained leave of absence for Mr. Dykes. 

Mr. Gaff asked and obtained leave of absence for Mr. Finch until 
oext week. 

On motion by Mr. Cullen, 

The Senate adjourned until 2 o'clock P. m. 



232 

2 o'clock p. m. 
The Senate met. ..... 

Mr. Oyler asked and obtained leave of absence for Mr. Terry until 
Wednesday next. 

Mr. CuUen, from the Committee on Canals and Internal Improve- 
ments, made the following report : 

Mr. President: - - . v., ' . . ^" . 

The Committee on Canals and Internal Improvements, to whom 
was referred Senate bill No. 249, entitled " an act defining the powers 
of companies organised to construct canals for hydraulic purposes,'^ 
introduced by Senator Dykes, have had the same under consideration, 
and direct me to report the same back to the Senate, without amend- 
ment, and recommend its passage. 

Which report was concurred in. -^ 

Senate bill No. 249 was read a second time and passed to a third 
reading. 

Mr. Cobb, from the Committee on the Judiciary, made " the follow- 
ing report : ,• . : '■ . • i . : 

Mr. President: 

The Committee on the Judiciary, to whom was referred Senate bill 
No. 237, an act entitled " an act requiring all property heretofore 
sold by virtue of any order of court, or in pursuance of any process 
of law, to be sold without appraisement, and repealing all laws in 
conflict therewith," have had the same under consideration, and have 
instructed me to report the same back to the Senate and recommend 
that the same lie upon the table. 

Which report was concurred in. 

Mr. Niles, from the Judiciary Committee, made the following 
report : ; ; ,■ ■. '■'•'- 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill No. 
223, entitled " a bill to authorize married women under the age of 



233 

twenty-one years to join -with their husbands in the conveyance of 
his real estate, in certain cases, and repealing all laws or parts of 
laws inconsistent therewith," have had the same under consideration^ 
and recommend that it be amended as follows : 

Amend by striking out all the title which comes after the words^ 
" in certain cases," and with such amendment, the Committee recom- 
mend the passage of the bill. 

Which report was concurred in. r . j ; j .k^ 

Senate bill No. 223 was read a second time and passed to a third 
reading. 

RESOLUTIONS OF THE SENATE. 

Mr. Brown of Wells, offered the following resolution : 

Resolved^ That the Auditor of State be and he is hereby requested 
to communicate to the Senate, at his earliest convenience, the current 
expenses of the State Government each year, commencing with the 
fiscal year 1851, and ending with the date of bis report, specifying 
the particular account upon which such expenses were incurred and 
paid. ^ 

Which resolution was adopted. 

Mr. Corbin introduced the following resolution : 

Resolved^ That the Auditor is hereby directed to draw his warrant 
on the Treasurer of State in favor of A. E. & W. H. Drapier, for 
Brevier Legislative Reports, furnished last session in compliance with 
resolutions then passed, to be paid out of the fund appropriated for 
Legislative expenses. 

Which resolution was adopted. 
t 

>j SENATE BILLS ON FIRST REABINe. 

Mr. Oyler introduced 

Senate bill No. 268, entitled " an act to invest the Circuit Courts 
of this State with exclusive original jurisdiction in applications for 
divorces, and to prescribe the terms upon which divorces may be 
granted in cases where the causes of divorce relied on accrued else- 
where than in this State." 

Was read a first time and passed to a second reading. 



234 



Mr. Allison introduced , '' > ••••• ' '^ "' '•'■' , '^'"' ■ 

'•i . . '•:.' ■ .I'J (1 ,■- ;]*■, ■ t 

Senate bill No. 269. xin act entitled "an act to require county 
Auditors to make examinations of the records in their offices in rela- 
tion to school funds, and to make report, and providing compensation 
therefor, and declaring an emergency." 

Was read a first time and passed to a second reading. 

Mr. Cason introduced . . .v- >- j.-^ -— ^- ■' 



Senate bill No. 270, entitled an act to amend sections 8 and 10 of; 
an act entitled " an act regulating the fees of officers, and repealing ;i 
former acts in relation thereto," approved March 2, 1855. 

Was read a first time and passed to a second reading, 

Mr. Douglas introduced 

Senate bill No. 271. An act to amend section 1 of "an act; 
authorizing Justices of the Peace, Notaries Public, Judges of Courts, I 
Mayors of towns and cities, and Clerks of Circuit and Common Pleas i 
Courts, to admiuJster oaths generally — and county Auditors, in cer- 
tain cases — and to legalize such as may heretofore have been admin- 
asted by any of snid officers," approved March 19, ISol. 

V/as read a first time and passed to a second readinpi;. ' 

Mr. Dykes introduced 

Senate bill No, 272. A bill to amend seeti-on 12 of an act entitled; 
■" an act to pr&vide for a general system of common schools, the offi- i 
■cers thereof, and their reepective powers and duties, and matters ' 
properly connected therewith ; and prescribing the fees for certain 
officers therein named, and for the establishment and regulation of, 
township libraries^ to repeal all laws inconsistent therewith, and pro- 
viding penalties therein prescribed.'" 

Was read a first time and passed to a secoQ<i reading. (' ,;'-1 
Mr. Wright introdu<;ed 

Senate bill No. 273. An act to legalize the action of the State 
Soard of Equalization at its session in 18b'4, and declaring the duty 
of the Auditor of State in relation thereto. 

Was read a first time and passed to a second reading- '- ^- ^ 



235 
Mr. Hord introduced • • 

i Senate bill No. 274. An act concerning pleadings in matters 
f claims against the estates of decedents, and declaring when the 
ame shall take effect. 
Was read a first time and passed to a second reading. 

Mr. Bennett, upon consent of the Senate, offered a petition pray- 
ig for the repeal of the Black Lav/s, 

Which was referred to the Committee on the Rights and Privileges 
f the Inhabitants of the State. 

Mr. Richmond introduced 

Senate bill No. 275. A bill providing for extending the terms of 
ircuit Courts by adjournment, call special terms, and providing com- 
ensation to judges for holding such adjourned and special terms, 
ad repealing all laws or parts of laws contravening with the provis- 
ms of this act. 

Senate bill No. 275 was read a first time and passed to a second 
sading. ^ , ., 

Mr. Hanna, from the Committee on Corporations, made the follow- 
ig report : 

Ir. President : 

The Committee on Corporations, to whom was referred Senate bill 
[o. 229, entitled " an act supplemental to an act approved March 5, 
859, authorizing the purchase of railroads, plank roads and turn- 
jke roads, under mortgage sale," &c., have had the same under con- 
'.deration, and have instructed me to report the same back to the 
enate, without amendment, and recommend its passage. 

Which report was concurred in. 

Mr. Bonham introduced 

I ■ 

■ Senate bill No. 276, entitled an act to amend section 26 of an act 

ntitled " an act providing for the election and qualification of Jus- 
ices of the Peace, and defining their jurisdiction, powers and duties, 
Q civil cases. 
Was read a first time and passed to a second reading. 



Q3 



236 

Mr. Culver introduced ' 

Senate bill No. 277, entitled " an act providing for the locatio o| 
an Agricultural College in the county of Tippecanoe." 

Senate bill No. 177 was read a first time, and passed to a secad 
reading. 

Mr. Brown of Wells, moved to take up 

Senate bill No. 265, entitled " an act fixing the time of the te 
of the Wells Circuit Court, prescribing the duration thereof, pr i 
ding for the return of process therein, repealing conflicting hs, 
and declaring when this act shall take effect." 

Which was agreed to. 

Senate bill No. 265 was read a third time. 

The question being on the passage of the bill, , , 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. AlHson, Barker, Beeson, Bennett, Bonham, Bradl 
Brown of Hamilton, Brown of Wells, Cason, Cobb, Corbin, Cull 
Culver, Douglas, Downey, Dykes, English, GaiF, Giff'ord, Han'iJ 
Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken, Moo, 
Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terr, 
Thompson, Yan Buskirk, Vawter, Ward, Williams, Woods, Wri; t 
and Mr. President. — 44. 

None voting in the negative. 
So the bill passed. 

The question being, shall the title, as read, stand as the title f 
the bill ? 

It was so ordered. 

Ordered^ That the Secretary inform the House thereof. '■ 

Mr. Niles, from the Judiciary Committee, made the follow! ; 
report: 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill h 



237 

! entitled " an act to enable any child heretofore adopted, or 
:!h may be hereafter adopted, by any person under the laws of 
i; State of the United States, to take and hold real estate in this 

e as if the child had been adopted under the laws and within the 
;e of Indiana," have had the same under consideration, and have 
t'jted me to report the same back and recommend its passage. • 

hich report was concurred in. 

;r. Williams moved that the bill (433) be considered engrossed, 
iread a third time now. 
hich was agreed to. 

hnate bill No. 233 was read a third time. 

'le question being on the passage of the bill, 

iiall the bill pass ? 

Those who voted in the affirmative were, 

lessrs. Allison, Barker, Beeson, Bennett, Bowman, Brown of 
lilton, Brown of Wells, Cason, Cobb, Corbin Cullen, Douglas, 
taey. Dykes, GafF, GifFord, Hanna, Herd, Hyatt, Jinkens, Mar- 
a, McClurg, Mason, Milliken, Moore, Newlin, Niles, Reagan, 
^mond, Staggs, Terry, Thompson, Vawter, Ward, Williams, 
c'is, Wright and Mr. President — 38. 

Those who voted in the negative were, 

!)ssrs. Culver and Oyler — 2. 

^ the bill passed. 

e question being, shall the title of the bill, as read, stand as the 
\ii said bill ? 

1 was so ordered. 

(dered, That the Secretary inform the House thereof. 

B. McClurg moved to take up 

f grossed Senate bill No. 227, entitled '< an act for the relief of 
^ D. Armstrong, Treasurer of the county of Clinton, in the State 
Idiana." 

^lich was agreed to. 



238 

Senate bill No. 227 was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass? ' ' ' / , ' 

Those who voted in the affirmative were, 

Messrs. Bennett, Bowman, Bradley, Brown of Wells, Cason, Col!, 
Corbin, Cullen, Culver, Downey, Dykes, Enghsh, Gaff, Hanna, Hoi,, 
Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken, Newlin, Oyl , 
Richmond, Staggs, Thompson, Van Buskirk, Vawter, Ward, Wrigt 
and Mr. President — 31. , ^ ^ 

Those who voted in the negative were, 

Messrs. Allison, Barker, Beeson, Fuller, Moore, Noyes, Reagc, 
Terry, Williams and Woods — 10. 

■: '■.-:: . :.-y >■.■■. n: 

Mr. Kiles was excused from voting. 



So the bill passed. 



:., .7 



The question being, shall the title of the bill, as read, stand as t) 
title of said bill ? 

It was so ordered. ' ' ' ' ' "-■' * ■ - 

Ordered, That the Secretary inform the House thereof. 

T\Ir. Cobb moved to take up Senate bill No. 213, entitled an j; 
to amend section 33 of an act entitled " an act to repeal all geneil 
laws now in force for the incorporation of cities, prescribe their po • 
ers and rights, and the manner in which they shall exercise the san,, 
and to regulate such other matters as properly pertain thereto' 
approved March 9, 1855, 

Which was agreed to. ..• •^. ■; ' •■■■ 

Mr. Corbin asked and obtained leave to make the following repo, 
from select committee : 

Mr, President : 

A majority of the committee, to whom was referred Senate U 
No. 250, entitled "an act to secure a just valuation of railroad pro ■ 
erty," have had the same under consideration, and have directed i 



to report the mme back to the Senate with the following amend- 
ments, and when so amended, recommend its passage : 

Amend section 1 by inserting, in line 12, aftev the word •' net/'' 
the words " and gross." 

Amend section 4 by striking out line 4, and the words '• so to do/ 
in line 2. 

Amer;d line 5 by making " appraiser" read "apprasisers." 

Amend line 6 by substituting the word " they " for " he," where 
it occurs. 

Amend lines 7 and 8, by substituting the word " them" for the 
word " him," where it occurs, and " they are " for " he is," where 
it occurs. 

Amend section 5 by inserting between lines 2 and 8, the following ; 
^'Provided they Imve complied with the provisicns e-f this act." 

Sec. 8. In case any Railroad, or any part thereof, shall have 
been, or shall hereafter be leased, conveyed, or mortgaged to anv 
other Railroad Company, and shall be in the possession of such 
other Company under such lease, conveyance or mortgage, it shall 
during the continuance of such possession, be assessed for taxation 
as the property of the Company having such possession, in the same 
manner as if it were a part of the road of such lessee, grantee, or 
mortgagee, under its own charter; and such lessee, grantee, or 
mortgagee, shall, during the continuance of such possession, have 
all the rights, be subject to all the duties and liabilaties in violation 
to the road, or part thereof, so held, which are erected by this act 
and both its property and the road, or part thereof so held, with its- 
fixtures, and the property used in operating the same, shall be liable 
to the payment of such taxes, in the same manner as Railroad prop- 
erty is, in other cases, made liable for taxes properly assessed'against 
the same, 

Mr. Vawter, from the same committee, made the' following minor- 
ity report: 

Mr. President : 

The undersigned, a minority of the Committee on Railroad 



240 

Appraisement, begs leave to submit to the Senate the reasons which 
impel him to dissent from the action of a majority of that commitee 
t>n Senate bill No. 250, an act to secure a just valuation of Railroad 
property within this State, for assessment and taxation for State, 
city and town purposes, to legalize the valuation and assessment 
and payment of taxes for such property heretofore made, and pro- 
viding for an appeal to the State Board of Equalization. 

Without intending to reflect upon any past Legislature, it is not 
inappropriate to say that the past history of Indiana has been a 
series of legislation in favor of Railroads. In the matter embraced 
in the bill under consideration — taxation — they have never paid 
their quota of taxes. No appraisement of Railroads that has ever 
been made, has been permitted to stand. By some hook or crook — 
some defect in the law or in its execution — Railroads have been 
enabled to dictate their own terms to County and State officers. 
This system of abuse has grown until the time has surely arrived 
when it should be stopped, or Indiana will soon be, like another sister 
State, at the mercy of these corporations. While no legislation 
should be directed against Railroads, as such, it strikes the under- 
signed that no legislation should favor Railroads, as such. 

While Railroads assist in developing the resources of our State, 
it should not be forgotten that they are ordinarily built for profit, 
and the argument that we should favor them by legislation, exempt- 
ing them from a portion of the common burden — taxation — would 
apply, with equal force, to every man who, in any way, by the 
building of machinery, the erection of buildings, the improvement of 
farms, increasing the advantages of education, building churches, &c. 
These all, more or less, develope the resources of the State ; elevate 
and enlighten mankind. 

The charter privileges given Railroads have always been consid- 
ered a fair equivalent, in legislation, for the benefits conferred upon 
the community. 

The argument that, because Railroads have been unfortunate and 
have not been paying institutions, they should be exempt from their 
share of the public burdens, possesses no more force in connection 
with Railroads, than with natural persons ; in fact, hardly as much, for 
Railroads originally receive large subscriptions of stock from the 
peopb^ living along the line of the road, which prove valuless, and it 
hardly seems fair to tax these very people again, to aid Railroads in 
avoiding their share of the public burden. 

Ordinarily Railroads fix their own tariffs of passengers and freight, 



241 

■anii there is nothing in the history of their tariffs to commend itself 
to either the approbation or the peculiar fa\or of our people. Cer- 
tainly the want of respect shown to the local interest^ and the crush- 
ing, in every practical way, the feelings and interest of the citizens 
-of this State for the benefit of through business, would certainly 
authorise the people of Indiana to demand and require that they 
shall fully pay their share of the burdens. \ 

Witht hese premises, let us look at the proposed law. Experience 
has taught that under the present law, Railroads have dictated their 
own appraisement. To illustrate: the Madison and Indianapolis 
Railroad was appraised at ^7,500 per mile, yet by authority of sec- 
tion 86, page 96, 1 G. & H., strained to meet the wants and 
l-equirements of the occasion, that appraisement was reduced to 
^4,000 per mile, making a difference in the taxable property in the 
State of Indiana, of $301,000, or a reduction of almost one-half. 
In the cases of the Jeffersonville and New Albany, and Salem Rail- 
roads, a greater reduction was made. 

This was done in 1859, and by force of influence, was continued 
in 1864, making, for six years, the anomaly in Indiana of one por- 
tion of the taxable property, as a class, being reduced in the aggre- 
gate over one-half, while that of the citizen, in the aggregate, was 
'compelled to pay upon the appraisement made by the appraiser. 

As the bill under consideration simply re-enacts thep rovisions of 
the law of 1868 and 1859, so far as the method of taxation, it is 
iiable to the same objection, aad should not, therefore, be re-enacted. 
Another objection to the bill is, that it provides an appeal upon 
behalf of Railroads, but nowhere confers any power on the part of 
the State Board of Equalization to raise said appraisement. 

Another objection to the bill may be found in the fact that it makes 
tio pena!ty upon the Railroad Company, if they shall fail or refuse 
to furnish the statement as required by the act, while it has been the 
uniform rule to punish the citieien who shall fail to furnish the state- 
ment required of him, by a penalty varying From 10 to 26 per cent., 
or even 50 per cent. 

The undersignevi, while loth to oppose what has been done in good 
faith, and would ovdinarially favor all adjustments which have been 
made, yet when convinced that the reduction was made without author- 
ity of law, in its operation unequal and unjust, relieving some Rail- 
i-oads of at least one-half of their taxation as assessed by the proper 
officers, and leaving others to pay their full taxes as assessed, it 
becomes my duty to oppose any illegal and unauthorized adjustment, 
S, J.— 16 



242 

It cannot be concealed that the provisions of the sixth section of 
this act are intended for the benefit of the New Albany and Salem 
Railroad ; that its operation will be to dismiss a suit commenced by 
the State against that Railroad Company, and which in the Floyd 
Circuit Court was decided in favor of the State, and whieh is now 
pending in the Supreme Court. 

Without stopping to discuss the propriety of legislating to prevent 
the vindication of violated laws, it may not bo inappropriate to ask, 
are there any peculiar reasons which entitle that road to this anoma- 
lous legislation ? 

In 1852 a law was passed providing for Railroad assessment. 
Under that law the New Albany and Salem Railroad Company was 
assessed at §4,600,000. Under that appraisement and law the New 
Albany and Salem Railroad made no effort to pay taxes- 

In 1858 the Legislature passed a new law for Railroad appraise • 
raent ; that law was amendeil in 1859, and under that law the New Al- 
bany and Salem Kailrord was appraised at the sum of §3,500 per mile. 
The New Albany & Salem Railroad disregarded that appraisement, and 
refused to pay any taxes, and under a forced construction of sectioB 
86^ page 96, 1 G. & IL, taking advantage of technical objections to 
the time and manner of appraisement, their appraisement was reduced 
from §3,500 per mile, to §750 per mile. This reduction was con- 
ceded, because without it, the Railroad refused to pay any taxes, and 
rather than lose all, part was taken. Whether we ought to legis- 
late in favor of a corporation which dictates its own terms, is a ques- 
tion proper for consideration. 

Then, although the law of 1859 was clearly prospective in its ope- 
ration, by some hocus pocus of legal legerdemain, that appraisement-, 
made under the section above referred to, was made to run back to^ 
and become the appraisement from 1852 to 1859, inclusive. How an 
law, clearly prospective in its character, with not a single provision 
retroactive or retrospective in its character, could be made to supply 
the place of an appraisement made under another and former law^ 
may be more easily imagined than accounted for upon sound legal 
principles, and I have yet to learn that any such construction was 
made m favor of any natural person. 

Then, is a road that has rirtually violated a law — that has failed, 
while that law remained in full force, to make any effort to compro- 
mise or pay the demands legally assessed against it — in a position, 
now, at this late period, to demand or receive the legislation contained 
in the sixth section of this act ? The undersigned thinks not. 



243 

It is asserted that the " stock " of the road was assessed and that 
th:U was not legal, and therefore the assessment was void. If that 
v/ere true it might be asked, what is the object of the sixth section 
of this act ? It is a work of supererogation, and I doubt whether a 
corapnny who has thus, for seven or eight years deliberately refused 
to comply with a law, and to assist in maintaining the government, is 
in a position, if the appraisement is legal, to ask any favor at our 
hands. 

And as the question of its legality is now pending in the Supreme 
Court, if the decision should be in favor of the road, then will be 
accomplished all that the friends of the sixth section desire ; but if the 
decision of the Court shall be against the road, then for the reasons 
indicated, the road is not entitled to consideration. 

The undersigned thinks that the case of the Michigan Central 
Railroad Company, vs. Porter and others, 17 Ind. Rept. 380, suffi- 
ciently shows the legality of the assessment made. 

The undersigned is informed by the Auditor of State, that the 
eftect of the passage of this bill Avill be to deprive the State of 
Indiana of about $1,000,000, to which she is legally and justly 
entitled. 

It therefore becomes a grave question for us to determine whether 
the condition of the public finances, and the action of the Railroads 
already alluded to, would justify such legislation. 

Another thing. The present committee, with the exception of 
the Senators Reagan and Niles, who have been added, reported a 
bill containing a provision providing for the collection of these very 
taxes. That amendment was concurred in by the Senate with)ut 
dissent, and by mistake the bill was sent to the House, and passed 
there through mistake, and thus the bill was prevented from passing, 
but is now on the files of the Senate. I cannot, havinc; taken this 
position at the last session, without additional light, change it now. 

JAMES H. VAWTER. 

Senate bill No. 250 was then read a second time. 

Mr. Corbin moved to re-commit to the same committee, 
Which was agreed to. 

Mr. Niles, from the Committee on Benevolent Institutions, made 
the following report : 

Mr. President : 

The Committee on Benevolent Institutions, to whom was referred 



244 

Senate bill No. 201, entitled *'A bill to provide for the care and treat- 
ment of the incurable insane of the State of Indiana, and matters 
properly connected therewith, have had the same under consideration, 
and have directed me to report the same back, with the following 
amendment : 

In line 6, before the word " Governor," insert the word " acting," 
and before the word " Treasurer," insert the word " the." 

In line 14 of the same page, after the word "bid," add the words, 
" provided they deem such bid reasonable," and when so amended, 
they recommend its passage. 

Senate bill No. 201, was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Bradley, 
Brown of Wells, Cason, Cobb, Corbin, Cullen, Davis, Downey, Dykes, 
English, Fuller, Gilford, Hanna, Hord, Hyatt, Jinkens, Marshall, 
McClurg, Mason, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, Thompson, Van Buskirk, Vawter, Ward, Williams, 
Woods, Wright and Mr. President — 40. 

None voting in the negative. 

Mr. Ward asked and obtained leave of absence for Mr. Reagan, 
for an indefinite time. 

The following message was received from the House of Represen- 
tatives, by Mr. Nixon, their Principal Clerk. 

Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following resolution, to-wit : 

Be it resolved hy the House of Ilepresefitatives, the Senate con- 
curring, That our Senators in Congress are hereby instructed, and 
our Representatives requested, to secure such a modification of the 
act, approved April 19, 181G, appropriating the si.xteenth section of 



245 

each Congressional township for school purposes, so that it may read 
as follows : 

" That section numbered sixteen (16) in every township, and where 
such section has been sold, granted, or disposed of, then other lands 
equivalent thereto, and most contiguous to the same, shall be 
granted to the inhabitants of the State, for the use of schools." 

In which the concurrence of the Senate is respectfully requested. 

Mr. Oyler moved to take from the table Senate bill No. 183 and 
refer the same to the Committee on the Judiciary. 
Which was agreed to. 

Mr. Oyler moved to take up Senate bills Nos. 266 and 267. 
VVhich was agreed to. 

Senate bills Nos. 266 and 267 were then read by title, and referred 
to the Committee on the Judiciary. 

BILLS ON THIRD READING. 

Enirrossed Senate bill No. 66. An act to amend section 11 of an 
act entitled " an act to fix the time of holding the Common Pleas 
Courts in the several counties of this State, creating a new district, 
providing for the election of a Judge therein, the duration of the 
terms thereof, and making all process from the present Common 
Pleas Court returnable to such terms, declaring when this act shall 
take effect, and repealing all laws inconsistent therewith," approved 
March 5, 1859. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Brown of Wells, Cason, Cobb, Corbin, 
Cullen, Culver, Davis, Douglas, Downey, Dykes, English, Fuller, 
Gifford, Hanna, Herd, Hyatt, Jinkens, Marshall, McClurg, Milliken, 
Moore, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Van 
Buskirk, Vawter, Ward, Williams, Woods, W^right and Mr. President 
—42. 



246 
Those who voted in the negative were, 

Messrs. Mason and Noyes — 2. 
So the bill passed. 

The question being, shall the title, as read, stand as the title of the 
bill? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Bonhara moved to take up Senate bill No. 140. 

Which was acjreed to. ^ ' " 

Mr. Brown of Wells, moved to refer to the Committee on the 
Judiciary. 

Which was agreed to. 

Mr. Corbin moved to take up House bill No. 158, and refer the 
same to the Committee on Railroads. 
Which was agreed to. 

Mr. Hord asked and obtained leave to introduce 

Senate bill No. 278. An act to amend section 35 of " an act to 
provide for the valuation and assessment of the real and personal 
property, and the collection of taxes in the State of Indiana, for the 
election of Township Assessors, and prescribing the duties of As- 
sessors, Appraisers of real property, County Treasurers and Audi- 
tors, and of the Treasurer and Auditor of State," approved June 21, 
1852, and providing when the same shall take effect. 

AVhich was read a first time and passed to a second reading. 

The President presented a petition upon the subject of bounties, 
which, 

On motion, 
Was referred to the Committee on Military Aflfairs. 

Mr. Ilanna moved that the Senate adjourn. , 

Which was agreed to. 



247 



15ATURDAY MORNING, 9 o'clock, 
December 2, 1865. 



The Semite met. 

The Assistant Secretary proceeded to read the journaL wheo, 

On motion by Mr. Gifford, 
The further reading was dispensed with. 
Mr. Bradley asked and ol)tained leave to introduce 

Senate bill No. 2.79, CEtitled " a bill to abolish the Indiana State 
Agency in the city of New York, the Boar4 of Sinking Fund Com- 
missioners of this State, and all the offices connected therewith, and 
to invest the moneys belonging to said fund, the State Debt Sinking 
Fund and other funds, in the stocks and bonds of the State, and to 
transfer the business of said Board of Sinking Fund Commissioner)? 
to the offices of the Auditor and Treasurer of State ; and also to 
provide for the adjustment of the debt of the State by issuing coupon 
bonds for the present five per cent, registered stocks of the State.'' 

Which was read a first time and passed to a second reading. 

Mr. Bradley moved that 300 copies of Senate bill No. 279 he 
printed. 

Which was ao-reed to. 

REPORTS FROM STANDING COMMITTEES., 

I^Ir. Ciillen, from the Committee on Elections, made the following 
■majority report: 

Mr. President: 

The Committee on Elections, to whom was referred Senate bill No. 
89, entitled ''an act to apportion Senators and Representatives for 
the next four years," and Senate bill No. 209, entitled " a bill appor- 
tioning Senators and Representatives," have had the same under 
consideration, and a majority of said Committee have directed me to 
report said bills back, with the recommendation that Senate bill No. 
209 .Bioss, and that Senate bill No. 89 lie up.on the table. 



248 

Mr. Williams moved that the report, and bills Nosv 209 and 89, be 
made the special order of the day for Wednesday next at 2 o'clock 

V. M. 

Which was agreed to. 

Mr. Ward, from the GommiMee oa Corporations, Eaade the follow- 
ing report : 

Mr. President: 

The Committee on Corporations, to whom was referred House bill 
No. 62, entitled " a bill em,powering incorpated cities and incorpor- 
ated towns, to plant and maintain shade trees along the streetfi, alleys, 
public squares, and commons thereof, and to provide for the- protec- 
tion of the same at the expense of the adjoining property holders," 
have had the same under consideration, and have instructed me to 
report the following amendments, and recommend their adoption and 
when adopted, recommend th.e passage of the bill i 

Amend first by striking oiit the word " therefore," where it occurs 
in the sixth line ; and by numbering the emergency clause as section 
two. 

Which report was concurred in. 

House bill No &2J was read a second time and passed to a third 
reading. 

Mr. Bowman, from the Committee on Corporations, made the fol- 
lowing report: 

Mr. President : 

The Committee on Corporations, to wliora was referred Senate bi!l 
No. 234. An act supplemental to an act approved June 11, 1852:, 
entitled " an act for the incorporation of towns, defining their powers, 
providing for the election of the officers thereof, and declaring their 
duties," have had the same under consideration, and have instructed 
me to report the same back to the Senate, and recommend it* 
passage. 

Which report was concurred in. 

Senate bill No. 234 was read a sece^d time and passeil to a iliird 
reading. 



249' 

Mr. Milliken, from the Committee on Rights asd Privileges of the 
Inhabitants of the State, made the following report : 

Mr. President : 

The Committee on Rights and Privileges, to -whom was referred 
Senate bill No. 204, entitled " a bill in relation to who is co-mpeten': 
■witnesses, anil repealing all laws in confiict therewith," have in- 
structed me to report the same back to the Senate, and recojmmend 
that it lie on the table, as there is a bill before the Senate now on the 
same subject. 

Which report was concurred in. 

Mr. Hyatt, from the Committee on Corporations, made the follow- 
ing report : 

Mr. President: 

The Committee oa Corporations, to v>hom was referred Senate bill 
No. 252, entitled an act to amend the second section of " an act for 
the incorporation of manufacturing and mining companies for 
mechanical, chemical, and bmlding purposes," approved May 20» 
1852, by extending the provisions of said section to any companies 
heretofore incorporated for any of the purposes contemplated in said 
g,ct, and legalizing all companies for such purposes, have instructed 
me to report the same back, without amendment, and recommend its 
passage. 

Which report was concurred in. 

Senate bill No. 252 was read a second time and passed to a third 
reading. 

Mr. Wright, from the Committee on Roads, maide the following 
report : 

Mr. President: 

The Committee on Roads, to whom was committed Senate bill No. 
264, " an act authorizing County Cbmmissioners to grant the right, 
of swinging gates on county and private roads, and prescribing pen- 
alties," have had the same under consideration, and have directed me 
to report the bill back to the Senate, and recommend that it lie od 
the table, for the reason that legislation on that subject is inexpe- 
dient. 

Which report was concurred in. 



250 

Mr. Ward, from the Committee on Corporations, made the follow- 
ing report: 

Mr. President: • 

The Committee on Corporations, to whom was referred Senate bill 
No. 256, entitled an act to amend the 40th clause of section 30 of 
an act entitled, " an act granting the citizens of the town of Evans- 
ville a city charter," approved January 27, 1847, have directed me 
to report the following amendments thereto : 

Amend by striking from the title of the act all after the figures, 
^'1847," in the fifth line of the first page, and by inserting after said 
figures the following words, to-wit : " And declaratory of the mean- 
ing of the second section of the same act." , 

Also, by striking from the twelfth line of the amendatory section, 
(page 2 of the manuscript), the words, " and with gas for lights." 

Also, by stiiking from the thirteenth line, same page, the words^ 
^'and gas." • 

Also, by stiiking from the eighteenth line, same p;ige, the words, 
*' gas or."' 

Also, by striking from the twenty-fifth line, same page, the words, 
*'gas works and." 

Also, amend the rmmber of the section on the last page of the 
manuecript, by stiiking out the figure '^2," and inserting the figure 
^' 3." 

Also, amend by inserting the section, numbered section 2, between 
th-e section of the bill, herewith submitted. 

And when thus ameaded, the Committee recommend the passage 
of the bill. 

Which report was con-curred in. 

Mr. Cobb, from the Committee on the Judiciary, made the follow- 
v'ng report : 

Mr. President: 

The Committee on the Judiciary, to whom was referred Senate bill 



251 

No. 258, an act to amend section 96 of " an act providing for the 
settlement of decedents' estates, prescribing the rights, liabilities and 
duties, of officers connected with the naanagement thereof, and the 
heirs thereto, and certain forms to be used in such settlement." 
approved June 17, 1852, have had the same under consideration, 
and have instructed me to report the same back and recommend its 
passage. 

Which report was concurred in. 

Senate bill No. 258 was read a second time and passed to a third 
reading. 

Mr. Niles, from the Judiciary Committee, made the following 
report : 

jIr. President : 

The Judiciary Committee, to whom was referred Senate bill No. 
148, an act to amend sections 7G and 88 of an act entitled " an act 
providing for the settlement of decedents' estates, prescribing the 
rights, liabilities and duties of officers connected with the manage- 
ment thereof, and the heirs thereto, and certain forms to be used in 
such settlements, have had the same under consideration, and recom- 
mend it be amended as fellows : 

Amend by striking out of the amendatory section 76, " from," 
and including the word "and" in line 6 of page 3, "to" and includ- 
ing the word "situate," in line 9 of the same page. 

Also add to the end of the same section, the following words, viz : 

Provided, That if the parties defendants are residents of this 
State, they shall be personally notified by service of summons, as in 
other cases, and with such amendments they recommend its pas- 
sage. 

Which report was concurred in. 

Senate bill No. 148, was read a second time and passed to a third 
reading. 

REPORTS FROM SELECT COMMITTEES. 

Mr. Thompson, from special committee, made the following report : 
Mr. President : 

The special committee to whom was referred that part of the 



252 






Governor's message, in "which he recommends the propriety i 
making provision for exhibiting specimens of agricultural produ' 
tions, manufactories, mechanical improvements and mineral wealj 
of Indiana, in the '' Universal Exposition " at Paris, France, on tl 
1st of April, 1867, have had the same under consideration, and 3 
consultation with the Agricultural Committee of the House, to who! 
the subject was referred in that branch of the Legislature, and aft(' 
hearing the subject discussed by eminent and scientific gentlemc' 
have caused this bill to be drawn up and presented to the Senate, ar 
recommend its immediate passage, i 

Which report Avas concurred in. ' i 

I 

Senate bill No. 2b0. A bill to make suitable provisions for haviri 
the State of Indiana co-operate with other State authorities, ar 
with the Commissioners of the General Government, at the " Unive 
sal Exposition," to be held at Paris, France, in the year 1867, ; 
such manner as to represent, fully, the agricultural, manufacturin, 
mechanical, mineral, artistic and other resources and interests, acl 
thereby to encourage immigration to the State of Indiana, was res 
a first time and passed to a second reading. 






RESOLUTIONS. 

( 

Mr. Beeson introduced the following resolution : ' •■ 

Mr. President : 

Whereas, It was charged, by the minority report of the select coni 
mittee on Senate bill No. 250, that the passage of said bill woul 
lose to the revenues of the State, §1,000,000 ; therefore, be it 

Resolved, That the Auditor of State be required to inform tt 
Senate what amount of the revenues, if any, would be jeopardize 
by the passage of Senate bill No. 250. 

Which resolution was adopted. 

SENATE BILLS ON FIRST READING. 

Mr. Oyler introduced 

Senate bill No. 281. An act to amend an act entitled " an act t 
fix the amount of the salary of the State Librarian, and repealing a 
former laws coriflicting therewith, and to dispense with an Assistai 
Librarian and Clerk," approved March 4, 1859. 

Was read a first time and passed to a second reading. 



. 253 

SENATE BILLS ON SECOND READING. 

Senate bill No. 213, entitled an act to amend section 33 of an act 
ntitled " an act to repeal all general laws now in force for the incor- 
^oration of cities, and to provide for the incorporation of cities, 
rescribe their powers and rights, and the manner in which they 
xercise the same, and to regulate such others matters as properly 
ertain thereto,"' approved March 9, 1857, 

Was read a second time and passed to a third reading. 

nOtJSE BILLS ON FIRST READING. 

Engrossed House bill No. 82. A bill concerning the creation of 
';orporations for the purpose of maintaining high schools, within the 
5tate, and giving the requisite powers to such corporations, 
; Was read a first time and passed to a second reading. 
I 

House bill No. 149. A bill to enable the Board of Directors of 
^ny incorporated Turnpike Compatij, to change the time of holding 
he election of Directors, 

Was read a first time and passed to a second reading. 

Engrossed House bill No. 212. A bill to legalize the appraise- 
ment of the real estate, made under the provisions of an act entitled 
'an act to provide for the appraisement of the real estate, and pre- 
scribing the duties of ofiicers in relation thereto,'' approved Dec. 
l\, 1858, 
j Was read a first time and passed to a second reading. 

House bill No. 210. A bill to fix the time of holding the Courts 
Df Common Pleas in the county of Grant, and repealing all laws in 
conflict therewith, 

■' Was read a first time and passed to a second reading. 
} 

Mr. Williams moved to take up messages from the House, 

Which was agreed to. 

The following was then read : 

Mr. President : 

ij 

I am directed by the House of Representatives to inform the Sen- 
ate, that the House has passed the following resolution, in which the 
concurrence of the Senate is respectfully requested : 



254 

Whereas, Under the present law regulating the Indiana State 
Prison, (South) the Directors thereof ask an appropriation from 
the State Treasury at each session of the Legislature to defray 
the expenses of said prison ; and, 

Whereas, In the opinion of this General Assembly, said institution 
cnn be so managed as to be self-sustaining, and bring a revenue 
into the State Treasury ; and, 

AViiEREAS, Thp convicts in said prison have been leased for a term 
of years, expiring in 18G7, at the remarkable low rates of 40 cents 
per day ; therefore, be it 

Bcsolvcd hy ihe House of Represenfaflvei^, the Senate concurring, 
Tliat the lion. D. E. Williamson, Attorney General of this State be 
instructed to inquire into the validity of the said contracts and report 
to the General Assembly whether, in his opinion, the State can in 
any way be relieved from said contracts. 

Mr. Bennett moved to refer the message to the Committee on 
State Prisons, 

Which was agreed to. . . ' 

Also the following : • \ 

Be it resolved hy the House of Representatives^ the Senate concur- 
ring, That our Senators in Congress be instructed, and our Repre- 
sentatives be requested, to secure such a modification of the act, 
approved xVpril 19, 1816, appropriating the sixteenth section of each 
Congressional township for school purposes, so that it may read 
as follows : 

" That section numbered sixteen, (16) in every township, and when 
such section has been sold, granted or disposed of, then other lands 
equivalent thereto, and most contiguous to the same, shall be granted 
to the inhabitants of the States, for the use of schools." 

Message from the Governor, by his Private Secretary, Mr. Jacobs : 

Mr. President : 

I am directed by the Governor to inform your honorable body that 
lie has approved and signed the follov/ing enrolled bills of the Senate : 



255 

Senate bill No. 4, entitled " an act to provide for the making and 
authentication of transcripts from the records of the Recorder's 
office, in certain cases, and for the admissibility in evidence of the 
same, and certified Copies of the deeda and mortgages contained 
therein." 

Senate bill No. 25, entitled " an act defining certain misdemeanors, 
and prescribing punishment therefor." 

Senate bill 82, entitled " an act to authorize cities to prepare, exe- 
cute, negotiate, and sell bonds to provide means to complete unfin- 
ished school buildings, and to pay debts contracted for the erection 
of school buildings; and to authorize the levj and collection of an 
additional special tax to provide means for the payment of the 
interest and principal of such bonds, and declaring an emergency.'^ 

Senate bill No. 84, entitled "an act to amend section 2 of an act 
entitled 'an act prescribing the powers and duties of Justices of the 
Peace in State prosecutions,' approved May 20, 1839, so as to 
authorize the services of a warrant throughout the State." 

Senate bill No. 115, entitled "an act to amend section 11 of an 
act entitled ' an act concerning county prisons,' approved I\Iay 27, 
1852.'^ 

And that the same have been deposited in the office of the Secre- 
tary of State. 

SENATE BILLS ON SECOND READINtl. 

Senate bill No. 268 was read by title, and, 

On motion by Mr. Corbin, 
Referred to the Committee on the Judiciary, 

Senate bill No. 269 was read by title, and, 

On motion by Mr. Williams, 
Referred to the Committee on County and Township Business. 

Senate bill No. 270 was read by title, and, 

On motion by Mr. Cason, 
Referred to the Committee on Judiciary. 



256 

Senate bill No. 271 was read by title, an4, 

On motion by^Mr. Allison, 
Referred to the Committee on the Organization of Courts, 

Senate bill No. 272 was read by title, and, 

On motion by Mr. Williams, 
Referred to the Committee on Education. 

Senate bill No. 273 was read by title, and, 

On motion by Mr. Wright, 
Referred to the Committee on FJRance. 

Senate bill No. 274 was read by title, and. 

On motion by Mr. Williams, 

Referred to the Committee on the Judiciary. 

> 

Senate bill No. 275 was read by title, and, 

On motion by Mr. Richmond, 

Referred to the Committee on the Organization of Courts. 

Senate bill No. 276 was read by title, and, 

On motion by Mr. Allison, 
Referred to the Committee on the Organization of Courts. 

Senate bill No. 277 was read by title, and, 

On motion by Mr. Allison, 
Referred to the Special Committee on Agincultural CollegCv 

Senate bill No. 278 was read by title, and. 

On motion by Mr. Cason, 
Referred to the Committee on County and Township Business. 

Joint Resolution No. 1. A Joint Resolution, proposing an amend- 
ment to the Constitution of Indiana, by striking out the 13th article 
thereof. 

Was read a first time and passed to a second reading. . 

HOUSE BILLS ON FIRST READING. 

House bill No. 33, entitled a bill to amend section 8 of an act 
entitled " an act to regulate and license the sale of spirituous, vinous, 
malt and other intoxicating liquors, to prohibit the adulteration of 
liquors, and to repeal all former laws concerning the provisions of 



2oT 

this act, and prescribing penalties for the violation thereof/' approve-l 
March 5, 1859. 

Was read a tirst time and passed to a second reading. 

Engrossed House bill No. 177. An act to amend section 143 of 
an uct entitled " an act amendatory to an act to provide for the pub- 
iication of delinquent taxes," approved May 30, 1861. 

Was read a first time and passed to a second reading. 

SOUSE BILLS ON SECOND READING* 



HoHse bill No. 22 was read by title, and, 

On motion by Mr. Wright, 
Referred to the Committee on Education. 

House bill No. 88 was read by title, and. 

On motion by Mr. Allison, 
Referred to the Committee on Corporations. 

House bill No. 106. A bill authorizing the construction of ware- 
houses for the inspection, storage, and sale of tobacco. 
Was read a second time. 

Mr. Gifford moved to refer to the Committee on Corporationsv 
Which was agreed to. 

House bill No. 121 was read by title, and. 

On motion, 
Referred to the Committee on the Judiciary. 

House bill No. 124 vras read by title, and, 

On motion, 
Referred to the Committee on County and Township Business. 

House bill No. 126 was read by title, and. 

On motion, 
Referred to the Committee on Canals and Internal Improvemients* 

House bill No. 135 was read by title, and, 

On motion, 
Referred to the Judiciary Committee, 

House bill No, 147 was read by title, and, 

On motion. 
Referred to the Committee on the Rights and Privileges of the 
inhabitants of the State. 
S. J.— 17 



Honse bill No. 186 was read bj title, and^ > ; . . 

On motion, . :> • 

Referred to the Committee on Finance. ', . . .' 

Mr. Oyler moved that when the Senate adjourn it be until Mondaj^ 
at 2 o'clock p. M. 

Which was agreed tOy ■ '. ./ • ■ ,i, ;.. 

Mr. Tawter asked and obtained leave to introduce 

Senate bill No. 282. A bill providing for the employment of 
watchmen in any of the cities of this State, and providing for their 
payment. 

Which was read a first time and passed to a second reading. 

Mr. Vawter asked and obtained leave to introduce 

Senate bill No 283. A bill to authorize the Common Council of 
any town in this State to appoint a town attorney, and providing ; 
compensation therefor. i 

Which was read a first time and passed to a second reading. j 

I 

Mr. Oyler asked and obtained leave of absence until Thursday ! 
next. 

Mr. Corbin moved to take up Senate bill No. 15, (the Morgan raid 
bill), and make it a special order of the day for Friday next, at 8- 
o'clock F. M. 

Which was agreed to. 

. : . ■ ■'. / I ', f u. : 

On motion by Mr. Stagg8~. ■ , , 

The Senate adjourned, : .. 



' ♦ 



259 



MONDAY, 2 o'clock, p. m. \ 
December 4, 1865. j 

The Senate met. ' ' . ■' ' ; = ; 

The Secretary proceeded to read the journal, when, 

On motion by Mr. Allison, 
The further reading was dispensed with. 

PETITIONS, MExMORIALS AND REMONSTRANCES. 

Mr. Bennett presented a petition praying for the repeal of tlie 
" Black Laws," 

Which was referred to the Committee on Rights and Privileges. 

■j(. Mr. Mason offered the folio win^r resolution : ■ ■ , 

K«f ° . ■•• . 

Whereas, The laws of this State are such that, upon the proper 
♦,_ affidavit being filed by the party asking a change of venue, in' all 
I civil actions, the Judge is bound to grant the party so asking, a 
ai» change of venue ; and, 

Whereas, In criminal actions, although the proper affidavit be made 
by the defendant, it is entirely optional with the Judge trying 
;ij' the cause, whether he grants a change of venue or not ; there- 
1 fore, be it 

liesolved, That the Committee on the Judiciary be requested to 
inquire into the expediency of so amending our laws as to grant a 
change of venue to defendants in criininal cases, when they file a 
proper affidavit, .. 

Which resolution was adopted. .,'.,. 

Mr. Williamson offered the followinff resolution: ,..•: ,; 

Resolved, That the Finance Committee be authorized to inquire 
into the propriety of reducing the appropriations for the year 
i 18t)6, 

Which resolution was adopted. " > ' 



' ~ 260 . 

i 

( 

SENATE BILLS ON FIRST READING. ( 

■ I 

Mr. Niles introduced . 

I 

Senate bill No. 284. "An act to prevent unauthorized printing at I 

the expense of the State." ( 

■.■•-•■■,..• i 

Senate bill No. 284 was read a first time. I 

Mr. Niles moved to suspend the rules and read the bill a second ' 
time now. .,,,..... ,,/•..'! -' i" 

Those who voted in the affirmative were, - \ 

I 

Messrs. Allison, Barker, Beeson, Bennett, Brown of Hamilton, I 

Brown of Wells, Cason, Cobb, Corbin, Cullen, Douglas, Downey, ; 

Fuller, GifFord, Hanna, Hord, Hyatt, Jinkens, Marshall, Mason, ' 

Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, i 

Thompson, Van Buskirk, Ward, Williams, Wright and Mr. Pres- \ 

ident— 34. \ 

Mr. English only, voting in the negative. 

So the rules were suspended. 

Senate bill No. 284, was read by title, and, ' ' i 

On motion, . , j 

Referred to the Committee on public printing. . ,; . ,. I 

SENATE BILLS ON SECOND READING. 

Senate bill No. 280 was read a second time by title. 

Mr. Brown of Wells, moved to recommit Senate bill No. 280 to 
the select committtee on that subject. ; , , ; . , . 

Mr. Cullen moved to lay the motion to recommit on the table, 
Which was not agreed to. 

The question being on the motion to recommit, -' 

It was agreed to. 

Sonate bill No. 281 was read by title, and, i .l. 

On motion of Mr. Williams, 
Referred to the Committee on State Library. .; : . f 



261 

Senate bill No. 282 was read by title, and, 

On motion of Mr. Allison, 
Referred to the Committee on Corporations." 

Senate bill No. 283 was read by title, and, 

On motion, 
Referred to the Committee on Corporations. 

Mr. Cobb asked and obtained leave to introduce 

Senate bill No. 285. An act to create the Judicial Circuit, 

and to fix the time of holding the Courst therein. 

Which was read a first time and passed to a second reading. 

Mr. Cobb asked and obtained leave to introduce 

Senate bill No. 286. An act to amend the second section of an act 
entitled " an act prohibiting Supreme, Circuit or Common Pleas 
Judges, County Clerks, Auditors, Treasurers, Recorders, Sherifi"s 
and their Deputies, from practicing law in any of the Courts of this 
State, except as in the act permitted, and prescribing punishment for 
the violation ther-of," approved March 6th, 1865, and to prescribe 
the duty of the several Courts of this State, in reference thereto. 

Senate bill No. 286 was read a first time and passed to a second 
reading. 

Mr. Gifford moved to take up House bills on second reading, 
Which was agreed to. 

Joint Resolution No. 1. A Joint Resolution proposing an amendment 
to the Constitution of Indiana, by striking out the 13th article thereof. 
Was read a second time. 

Mr. Cullen moved to make the resolution the special order for 
Friday morning next, at 9 o'clock. 
Which was agreed to. 

House bill No. 33 was read by title, and, 

On motion of Mr. Bennett, 
Referred to the Committee on Temperance. 

House bill No. 82 was read by title, and, ■ • . ( 

On motion of Mr. Wright, ' ' 

Referred to the Committee on Education. ' 



262 






House bill No. 149 was read by title, and, ' , 
On motion by Mr. Gifford, ■' ' 

Referred to the Committee on Corporations. ' ' 

House bill No. 177 was read by title, and, " 

On motion by Mr, Mason, 
Referred to the Committee on Public Printing. ■ ■.'".-• 

House bill No. 210, was read by title, and, • ' t- 

On motion by Mr. Bennett, 
Referred to the Committee on the Organization of Courts. 

Senate Joint Resolution No. 9 was read a second time, and, 

On motion. 
Laid on the table. 

House bill No. 212, was read by title, and, . • ■.• 

0n motion by Mr. Wright, . .. ■ 

Referred to the Committee on Finance." ■ \ !• - 

Senate Joint Resolution No. 14 was read by title, and, 

On motion by Mr. Mason, ,. ,^ , .... 

Laid on the table. 

Senate Joint Resolution No. 15 was read a second time, and passed 
to a third reading. 

Senate Joint Resolution No. 19, was read by title, and, ,,.i , 

On motion, 
Laid on the table. " . . 

Senate Joint Resolution No. 20 was read by title, and, j. </ 

On motion by Mr. Van Buskirk, 
Referred to the Committee on Federal Relations. 

Mr. Cobb asked and obtained leave to introduce 

Senate bill No. 287. An act supplemental to an act entitled "an 
act providing for the settlement of decedent's estates, prescribing the 
rights, liabilities and duties of oflScers connected with the manage- 
ment thereof, and the heirs thereto, and certain forms to be used in 
such settlement," approved June 17, 1852. 

Which was read a first time and passed to a second reading. 



26S 

Mr. Williams offered the following resolution : 

Resolved^ That the Governor be requested, if not inconsistent 
-with the public good, to report what amount of seven thousand dol- 
lars for a Contingent Fund, fiv« thousand for telegraphing, and 
twelve thousand for clerk hire, has been expended, and also whether 
the same amounts wil'l be required for the year 1866. 

Which resolution was adopted. 

Mr. Corbiu asked and obtained leave to iatroduce 

Senate bill No. 288, entitled " a bill requiring the Clerks of the 
Circuit and Common Pleas Courts^ to make indexes of their records, 
and providing a compensation therefor." 

Which v/as read a first time and passed to a second reading. 

SENATE BILLS ON THIRD READING. 

Engrossed Senate bill No. 1-48. An act to amend sections 76 and 
88 of an act entitled " an act providing for the settlement of dece- 
dent's estates, prescribing the rights, liabilities and duties of ©fficers 
connected with the management thereof, and the heirs thereto, 
and certain forms to be used in such settlement." 

Was read a third time. 

The question being on the passage of the bill, 

Shall the bill ^ass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beesoo^ Bennett, Brown of Hamilton, 
Cason, Cobb, Corbin, CuUen, Culver, Douglas Downey, Fuller, Gif- 
ford, Hanna, Ilord, Hyatt, Jinkens, Marshall, Mason, Moore, New- 
lin, Niles, Noyes, Reagan, Richmond, Staggs, Thompson, Van Bus- 
Idrk, Ward, Williams, Wright and Mr. President — 33. 

None noting in the negative. 

So the bill did not pass, for the want of a censtittttional majority, 

Mr. Cobb moved a call of the Senate, 
I WHeh was agreed to. • ' " 



264 
Those wiio answered to their name& ■??'ere, 

Messrs. Allison, Barker, Beeson, Bennett, Brown of Hamilton, 
Cason, Cobb, Corbin, Cullen, Culver, Douglas, Downey, Fuller, Gif- 
ford, Hanna, Hord, Hyatt, Jinkens, Msrshall, Mason, Moore, Nex- 
lin, Niles, Noyes, Reagan, Richmond, Staggs, Thompson, Van Bus- 
kirk, Ward, Williams, Wright and Mr. President— o3. 

On motion of Mr. Gifford, 

The Senate adjourned. 



TUESDAY MORNING, 9 o'clock. 
December 5, 1865. 

The Senate met. 

The journal was read and approved. 

' PETITIONS, MEMORIALS AND REMONSTRANCES. 

Mr. Reagan offered a petition, praying for the repeal of the sorcallecl 
Black Laws in our statutes; also, to propose such amendments to our 
State Constitution as shall annul the clauses in that instrument upon 
which those laws are based. 

Which, on motion by Mr. Reagan, 

Was referred to the Committee on the Rights and Privileges of 
the Inhabitants of the State. 

The President appointed the following Senate Joiat Committee on. 
enrolled bills, viz: ' ' 

Messrs. Riehmond, Mason and Cullen. 

REPORTS FROM STANDING COMMITTEES. ' 

Mr. Beeson, from the Committee on Agriculture, made the follow- 
ing report : , , , , 

Mr. President: 

Tl*e Committee on Agriculture, to whom was. referred Senate bill 



265 

No. 263, entitled " a bill to repeal an act to discourage tli® keeping^ 
of useless and sheep-killing dogs, and providing penalties for the 
violation of any of the provisions of said act by officers and others; 
and also repealing ' an act to liceese dogs,' approved^March 11, 1861, 
and providing that nothing in this act shall be so construed as to 
conflict with the provisions of an act entitled^ ' an act for the prctec- 
tion of sheep,' approved June 15, 1852," approved March 2, 1865, 
have had the same under consideration, and direct me to report the 
same back to the Senate and recosamend that it lie upoa the table. 

Mr. Moore moved to recommit the report and bill to a select 
committee of five. 
Which was agreed to. 

The President appointed the following select committee : 

Messrs. Moore, Cobb, H©rd, Wright and Beeson. 

Mr. Hanna, from the Committee oa Corporations^ sabmitted the- 
following report: 

Mr. President : 

The Committee on Corporations, to Avhom was referred Senate bil! 
No. 208, entitled, "an act to provide for the construction of sewers- 
■within incorporated towns, defining the powers and duties of the 
Board of Town Trustees in relation thereto, and to repeal all laws m 
conflict therewith," have had the same under^onsideration, and have 
instructed me to report the same back to the Senate, Vfithout amend- 
ment, and recommend its passage. 

Which report was consurred in. 

Senate bill No. 208 was read a second tinae and passed to a third 

reading. 

Mr. Hord, from the Judiciary Committee, made the fallowing 
report : ' 

Mr. President : ' ■ 

ft Senate bill No. 62, entitled " an act supplemental to an act enti- 
tled ' an act to authorize the formation of limited partnerships, and 
fixing the liabilities of the several partners, and pres^ibing the pro- 
ceedings against them,' approved March 5, 1859, authorizing compa- 



f266 

«ies by partners, and joint debtors," was originally referred to the 
Committee on the Judiciary for its consideration, and said Committee 
reported thereto, recommending that the same be referred to the 
Committee on Corporations, with instructions that it strike out sec- 
tion 5 thereof; and the said Committee, having faithfully performed 
said instructions by effectually scratching and blotting out said sec- 
tion, reported said bill back to the Senate, with the recommendation 
that the same b-e inferred back to the Judiciary Committee, with 
instructions that it erase other portions of said bill, more particularly 
recited in said report; and the Judiciary Committee, having attempted 
to perform said instructions, and believing, in its legal opinion, that 
the Committee on Corporations is more eminently skilled in obliter- 
ating unnecessary and obnoxious matter in legislation of the State, 
fr(5m the exhibition of its science in the complete annihilation of said 
5th section, have instructed me to report the same back to the Sen- 
ate, and recommend that it be referred to the Cemmittee on Corpor- 
a,tlons, with instructions to ascertain and report whether or not the 
ficratchiiig has been well dene, and according to order. 
Whicli report was concurred in. 

Mr. Allison, fi'ou? ihe Committee on the Judiciary, made the fol- 
lowing report : • 

Mr. President: ^ . 

The Committee on the Judiciary, to whom was referred Senate bill 
No. 272, an act to amend tlie 12th section of an act entitled, " an 
act to provide for a general system of common schools, the oflficers 
"thereof and their respective powers acd duties, and matters properly 
■connected therewith, and prescribing the fees for certain officers 
dierein named, and for the e6iablishm«eut and regailation of Township 
Libraries, and to repeal all laws ^^inconsistent therewith, providing 
penalties, therein prescribed," have had the same under consideration, 
and have instructed me t@ report the same baek, without am^endment, 
and recommend its passage. 

Which report was concurred in. 

Senate bill No. 272 was read a second time. 

Mr. Moore moved to lay the bill upon the table. 

Whe ayes ana noes were demanded hj Messrs. CuUen and Moore. 



267 

Those who voted in the affirmative were, 
Messrs. Fuller, Jinkens, Marshall, Moore and Stao-gs — 5, 

' ' ' CO 

Those who voted in the negative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bradley, Brown of Ham- 
ilton, Brown of ^Vclls, Cason, Chapman, Cobb, Corbin, Cullen, Cul- 
ver, Douglas, Downey, English, Giftord, Hanna, Hord, Hyatt, 
McClurg, Mason, Milliken, Newtin, Niles, Noyes, Reagan, Thomp- 
son, Vawter, Ward, Williams, Woods, Wright and Mr. President — 34. 

So the bill did not lie upon the table. 

Mr. Cobb, from the Judiciary Committee, made the following report : 
Mr. President : 

The Committee on the Judiciary, to whom was referred Senate bill 
No. 261, a bill to amend the 2d and 5th sections of an act entitled, 
" an act concerning the organization of voluntary associations, and 
repealing former laws in reference thereto," approved February 12, 
1855, have had the same under consideration, and have instructed me 
to report the same back and recommend its passage. 

Which report was concurred in. 

Senate bill No. 261 was read a second time and passed to a third 
reading. 

Mr. Niles, from the Committee on the Judiciary, submitted the 
following report : 

Mr. President : 

The Committee on the Judiciary, to whom was referred Senate bill 
No. 268, entitled " an act to invest the Circuit Courts of this State 
with exclusive original jurisdiction in applications for divorces, and 
to prescribe the terms upon which divorces may be granted in cases 
where the causes of divoice are accrued elsewhere than in the State," 
have had the same under consideration, and recommend that the same 
be amended as follows : 

At the end of line ten of section 2, after the word " State," add 
the'^words : " And the plaintiff was not a resident of this State at the 
time when such cause or causes of divorce accrued. 



268 

Also, in the eleventh line of same section, strike out the words, 
" in any case." 

Also, in lines twenty-five and twenty-seven of same section, strike 
out the words : " And was not during all that time absent, and tem- 
porarily from the State." .■■■ 

And when so amended, the Committee recommend that the bill be 
passed. 

Which report was concurred in. 

Senate bill No. 268 was read a second time and passed to a third 
reading. 

Mr. Downey, from the Judiciary Committee, made the follow- 
ing report : 

Mr. President : 

The Judiciary Committee, to whom was referred House bill No. 
135, entitled an act to amend section 651 of an act entitled " an act 
to revise, simplify and abridge the rules, practice, pleadings and 
forms in civil cases in the Courts of this State, to abolish distinct 
forms of action at law, and to provide for the administration of 
justice in a uniform mode of pleadings and practice, without distinc- 
tion between law and equity," passed June 18, 1852, have had 
the same under consideration, according to order, and a majority of 
the committee have instructed me to report the same back to the 
Senate, and recommend its passage. 

Which report was concurred in. 

House bill No. 135 was read a second time, and passed to a third 
reading. 

Mr. Bennett, from the Judiciary Committee, made the following 
report: y ,. • . : 

Mr. President: ., ' 

The Committee on the Judiciary, to whom was referred House bill 
No. 121, a bill to cure defective acknowledgments of deeds, in cer- 
tain cases, have had the same under consideration, and have instructed 
me to report the same back, without amendment, and recommend its 
passage. , 

Which report was concurred in, •' , 



269 

House bill No. 121 was read a second time, and passed to a third 
reading. 

Mr. Cason, from the Committee on the Judiciary, submitted the 
folio-wing report : 

Mr. President : 

The Judiciary Committee, to whom was referred that portion of 
the Governor's message, in relation to oflBcial bonds, have had the 
same under consideration, and have directed me to report the follow- 
ing bill, and recommend its passage. 

Which report was concurred in. 

Senate bill No. 289, entitled "an act to provide for the acknowl- 
ed^ment of the execution of official bonds, and to declare the effect 
and obligation of such bond, as between the obligors and the State,'' 

Was read a first time and passed to a second reading. 

Mr. Hord, from the Judiciary Committee, made the following 
report : 

Mr. President : 

The Committee on the Judiciar}', to whom was referred Senate 
bill No. 225, entitled "an act to provide for taking depositions of 
parties to civil actions," having had the same under consideration, 
have instructed me to report the same back to the Senate, with the 
following amendments : 

First, To strike out the following : 

"They may testify in such actions, by depositions taken, as now 
provided by law for the taking the depositions of witnesses in civil 
actions." 

Second, To insert in the place of that stricken out, the following : 
Their depositions may be taken as in case of other witnesses. 
And when said bill shall be so amended, recommend its p issago. 
3ilr. Downey ofi'ered the fv^llowing amendment : 

Add to section first : "And such depositions, already taken i't 
accordance with law may be used as evidence." 
The report, as amended, was concurred in. 



270 

Mr. Cason, from the Committee on the Judiciary, made the follow- 
ing report : 

Mr. Pkesident : ■ ' • - ., ■ 

The Judiciary Committee, to whom was referred Senate bill No. 
241. entitled an act to amend an amendment of an act entitled "an 
act in relation to witnesses, and to repeal section 238 of article 13 of 
an act entitled an act to revise simplify and abridge the rules, prac- 
tice, pleadings and form of action at law, and to provide for the 
administration of justice in a uniform mode of pleadings and prac- 
tice, without destinction between law and equity," approved June 18, 
1852, and repeal all laws inconsistent therewith, and providing when 
the act shall take effect and be in force, which took effect and went 
into force March 17, 1861. 

Which report Avas concurred in. 

Senate bill No. 241 was read a second time and passed to a third 
reading. 

Mr. Beeson, from the Committee on Agriculture, made the follow- 
ing report : 

Mk. President : 

The Committee on Agriculture, to whom was referred Senate bill 
No. 253, entitled an act to relieve County Auditors, Treasurers, 
Township Trustees, Assessors and other officers, for the year 1865, 
from the penalties attached for the violation of an act entitled "an 
act to discourage the keeping of useless and sheep-killing dogs, &c., 
approved March 2, 1865, and declaring an emergency, have had the 
same under consideration, and direct me to report it back to the Sen- 
ate, and recommend its passage. 

Which report was concurred in. . ^ . ... .. 

Senate bill No. 253 was read a second time and passed to a third 
reading. 

RESOLUTIONS OF THE SENATE. 

Mr. Downey offered the following resolation r 

Resolved^ That the Committee on County and Township Business, 
be instructed to inquire what further legislation, if any, is necessary 



2ri 

irith reference to the safe keeping of the public buildings of coantie&% 
the person or authority of whom this duty is required, and that they 
report by bill, or otherwise. 

Which resolution was adopted. 

Mr. Brown of Wells, offered the following resolution: 

•^ Resolved^ That the Coranjittee on the Agricultural College be, and 
they are hereby required to report all matters upon that subject no?; 
before them, on Friday the 8th inst^ 
Which re^olation was adopted. 

SENATE BILLS ON l-IRST HEADING. 

Mr. Allison introduced t .. , , 

Senate bill No. 290. An act entitled an act concerning school 
houses and defining who shall occupy and control them. 

Which was read a first time asd passeci to a second reading. 

Mr, Mason irrtroduced 

Senate bill No. 291. An act creating— Jndicial Ciicuit, and 

designating what counties shall constitute the Seventh and Thirteenth 
Judicial Circuits, and fixing the times of holding courts in each of 
said Circuits. 

Which was read a first time, and passed to a second reading. 

Mr. Chapman introduced 

Senate bill No. 292. A bill to provide a State Debt Sinking 
Fund, for the payment of principal and intere5t of the War Loar.* 
Bonds, and five and two and one-half per cent stocks of the State 
therein named, prescribing the duties of the Auditor, Treasurer, and 
Agent of State in relation thereto, providing for a Clerk of said 
Sinking Fond, and fixing his salary, and providing a penalty for the 
violation of its provisions and declaring an emergency for the im- 
mediate taking effect of the same. 

Which was read a first time and passed to a second reading. 

The following message was received from the House hj Mr. iTixon^ 
their Clerk : 

Mr. President: 
I am»directed by the H@use ot Representatives to i-nform the Sen- 



^12 

!^te, tliat the House has passed the following engrossed bill thereof: 

House bill No. 270. A. bill fixing the per diem and mileage of 
tQerabcrs of the General Assembly, secretaries, clerks, doorkeepers 
and other employees thereof, in which the concurrence of the Senate 
is respectfully requested. 

Mr. Cullen introduced 

Senate bill No. 293. An act to provide foe the periodical enumera* 
tion of the white male inhabitents of this State, over the age of 
twenty-one years, to prescribe the duties and fix the compensation of 
officers in relntion thereto, and also to prescribe the penalties for 
the violation of official duty in connection with said enumeration, as 
well as the manner in which, and the courts by which said penalties 
^hall be enforced. 

Which was read a first time. 

Mr. Cullen moved te suspend the rules, and read the bill a second 
time by title. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, B-eeson, Bennett, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Corbin, Cullen, Culver, Douglas, 
Downey, English, Giflford, Hanna, Hord, Hyatt, Jinkcns, Marshall, 
McClurg, Mason, Milliken, Moore, Newlin, Niles, Reagan, Staggs, 
Thompson, Ward, Williams, Woods, Wright aad Mr. President — 34. 

None voting in the negative. 

So the rules were suspended. 

Senate bill No. 293 was read a second time by title, and, 

On motion of Mr. Cullen, 
Referred to the Special Committee on Apportionment. 

Mr. Allison introduced 

Senate bill No, 294. An act to amend sections 18 and 19 of an 
Tict entitled "an act prescribing the powers and duties of Justices of 
thp Peace in State prosecutions." 

Wi.jch was read a first tim-e and passed to a second reading. 



273 



I 



Mr. Bennett move to take up the message from the House on 
House bill No. 270. 

Which was agreed to. : • .. vT -.,..• -.<« ,; ,^ . ', 

Mr. Bennett moved to suspend the rules, and read the bill a second 
time, now. . .•.• ., . ,",• 

[ Those who voted in the affirmative were, •' . - 

Messrs. Allison, Barker, Beeson, Bennett, Bradley, Brown of Ham- 
ilton, Brown of Wells, Cason, Cobb, Corbin, Cullen, Culver, Doug- 
las, Downey, English, Gifford, Hanna, Hyatt, Jinkens, Marshall, 
McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, Reagan, 
Staggs, Thompson, Ward, Williams, Woods, Wright and Mr. Presi- 
dent. — 35. > . I i- . . '. ' 

None voting in the Negative. 

So the rules were suspended. 

House bill No. 270. A bill fixing the per diem and mileage of 
members of the General Assembly, Secretaries, Clerks, Doorkeepers, 
and other employees thereof. ; . . ■■ 

Was read by title, and, , , 

On motion of Mr. Bennett, 

Referred to the select committee on that subject. ' 

The President (Mr. Allison in the chair) introduced ■ " - 

Senate Bill No. 295. An act to amend section 33 of an act 
entitled " an act to provide for a general system of common schools, 
the officers thereof, and their respective powers and duties and mat- 
ters properly connected therewith, and prescribing the fees for certain 
officers therein named, and for the establishment and regulation of 
township libraries, and to repeal all laws inconsistent therewith, pro- 
viding penalties therein prescribed/' approved ?vTarch 6th 18G5. 

Whicb was read a first time. 

The President moved to suspend the rules, and read the bill a 
second time now. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bradley, Brown Ham- 
S. J.— 18 



I 



274 



ilton, Brown of Wells, Cason, Chapman, Corbin, Cullen, Culver, 
Douglas, Downey, English, Fuller, Gifford, Hanna, Hyatt, Jinkens, 
Marshall, McClurg, Milliken, Moore, Newlin, Niles, Noyes, Reagan, 
Staggs, Thompson, Vawter, Ward, Woods and Mr. President — 35. 

None voting in the negative. • " ■ '■ ■ 

So the rules were suspended. ' ' ■'• ' ■ 

Senate bill No. 295 was read a second time. ' ' - 

''' 'lo r; /.•■;•(« 
Mr. Williamg moved to refer the bill to the Committee on Edu- 
cation, 

Which was agreed to. , ,;•.:) 

Mr. Williams moved to take up Senate bill No. 279, 

Which was agreed to. .■,,,-..:.-, . ' 

Senate bill No. 279 was read a second time by title. 

Mr. Hanna moved to refer the bill to a select committee of one 
from each Congressional District. ■ • . . : • .i .: 

Mr. Williams moved to amend by substituting "Committee of 
the Whole." . -. 

Mr. Cullen moved to lay the amendment on the table. •'-'-' 

No quorum voting, the President ordered a call of the Senate. 

Those who answered to their names were, ' '' 

Messrs. Allison, Barker, Beeson, Bennett, Bradley, Brown of Ham- 
ilton, Brown of Wells, Cason, Chapman, Corbin, Cullen, Culver, 
Douglas, Downey, English, Fuller, Gifford, Hanna, Hyatt, Jinkens 
Marshall, McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes 
Reagan, Staggs, Thompson, Ward, Williams, Woods, Wright, and Mr, 
President — 36. ... 

The question recurring on the motion to lay the amendment on the 
table. 

It was agreed to. 

The question being on the motion to refer to one from each Con- 
gressional District, 



275 • 

Mr. Williams moved to refer the bill to the Committee on Educa- 
tion. 

Mr. Cullen moved to lay the motion on the table. 
Which was agreed to. ff 

The question being on the motion of Mr. Hanna^ 
It was agreed to. 

Mr. Allison introduced ' 

Senate bill No. 296. An act to empower cities to construct gas 
works, to issue bonds to procure the funds, and levy a tax for their 
payment. 

Which was read a first time and passed to a second reading. 

Mr. Thompson introduced 

Senate bill No. 297. A bill supplementary to an act entitled "an 
act defining felonies, and prescribing punishment therefor," approved 
June 10, 1853. 

Which was read a first time, 

Mr. Thompson moved to suspend the rules, and read the bill a 
second time now. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bradley, Brown of 
Hamilton, Brown of Wells, Chapman, Cullen, Culver, Douglas, 
Dov/ney, English, Fuller, Gifford, Hanna, Plyatt, Jinkens, Marshall, 
McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, Reagan, 
Staggs, Thompson, Ward, Williams, Woods, Wright and Mr. Presi- 
dent — 34. 

None voting in the negative. 

So the rules were suspended. , 

Senate bill No. 297 was read a second time and passed to a third 
heading. 

Mr. AllisoQ moved to take up Senate bill No. 290, 
Which was agreed to. 



276 

Mr. Allison moved to suspend the rules and read the bill a secon*! 
time now. 

Those who voted in the aflSrmative were, 

Messrs. Allilon, Barker, Beeson, Bennett, Bradlej, Brown of 
Hamilton, Brown of Wells, Chapman, Corbin, Cullen, Culver, Doug- 
las, Downej, English, Fuller, Giflford, Hanna, Hyatt, Jinkens, Mar- 
shall, McCIurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, 
Keagan, Staggs, Thompson, Ward, Williama, Woods, Wright and 
Mr. President— 35. 

..; ,. ; ,:, '2 ."/ t';i'"'-'i"-i-':. :: 
None voting in the negative. ^ ,, .,» ., , ,,, , , -j . ^ 

So the rules were suspended. 

Senate bill No. 290 was read a second time and passed to a thir«l 
reading. 

On motion by Mr. Williams^ • i. ' '.'■ ' ■'[ '<.■'> 

The Senate adjourned. s ■. • .!;:;' ' .■ 



2 o'clock, p. s«. 



The Senate met. 



The hour having arrived for the special order, 

The Senate proceeded to the consideration of Senate bill No. 219'. 

Mr. Brown of Wells, made the following minority repart : 

Mr. President : 

The undersigned, of the Committee on the Kights and Privileges of 
the Inhabitants of the State, beg leave to submit the following 
minority report upon Senate bill No. 219 : ' • • ^' 

The bill contemplates such ai change of the existing law in relation 
to witnesses, as will permit Indians and negroes to testify, without 
any restrictions, in the courts of this State. So far as the forme? 



277 

race is concerned, the law -would liave but little practical eifect, and 
It probably was not suggested by any considerations in behalf of that 
fast receding, but interesting people. 

The philanthropy that could, through so many long years, sleep 
over any rights that might be deemed to have been withheld from the 
red man, would not now awaken to so keen a sense of his supposed 
wrongs. We may, therefore, quite properly consider the bill with 
reference only to the negro. 

Of the five different races into which the human family has been 
classified, the Caucassian, or white race, presents the highest type of 
man, and the Ethiopean, or black race, the lowest. It is in this low- 
est class that the negro is found. Considering the question of his 
inferiority, as a race, an eminent English authority holds the follow- 
ing language : 

" While numberless European and Asiatic nations have attained 
to a high state of civilization, they (the negro), continue, with few 
exceptions, in nearly primeval barbarism. It is ia vain to pretend 
that this is the result of the unfavorable circumstances under which 
they have been placed. An intelligent, enterprising people contend 
against unfavorable circumstances under which they are placed, and 
make them become favorable; but the African, with the questionable 
exception of the ancient inhabitants of the Nile, have never discov- 
ered any considerable degree of enterprise or any wish to distinguish 
themselves either in arts or arms. From the remotest antiquity 
down to the present day, they have been hewers of wood and drawers 
of water for others, and have made little or no progress ; and the 
only legitimate inference from this lengthened induction seems to be 
that they are incapable of making it." (Brande's Ency. of Science, 
Lit. and Art, p. 825). 

But it needs not this eminent authority to establish the inferiority 
of the negro ; science, history, society, his own independent efforts, 
and common consent, all combine to pronounce him inferior to the 
white race, socially, morally and intellectually. 

When the foundations of our national Government were laid, the 
negro occupied a status in the country of established inferiority 
which grew out of and was based upon the recognized natural inferi- 
ority alluded to. He existed here only in a state of slavery. Th 
status of slavery being inconsistent with and repugnant to that o 
citizens, the presumption is afforded that the framers of the Const!- 



278 

tution of the United States did not intend negroes to be included m 
the provisions contained in that instrument relating to citizens. 
Indeed, some of the provisions of the national Constitution indicate 
that the negro was to be excluded from all participation in the politi- 
cal rights therein granted ; or, if any doubt of this could exist, the 
legislation of the first Congress under that Constitution, (of which 
Congress many of the framers of that instrument were members), and 
subsequent legislation exhibits, as a cardinal principle or idea, that 
this Government was established for the white race, and to the exclu- 
sion of the black race, or negro. 

Looking at the Constitution and legislation of our State, we find 
this idea even more prominently indicated. The present State Con- 
stitution, to give it effect, prohibited the immigration of negroes into 
the State, In accordance with it, we find the negro denied any and 
all privileges, the enjoyment of which might break down this dis- 
tinction. Our State legislation, from the earliest period to the present 
time, in relation to the subject contemplated by the bill, adopting itself 
to the idea mentioned, has prohibited negro testimony in all cases 
where the interests of the white race alone are involved. If doubts 
could be entertained of our State legislation being adapted to the 
idea that this is the white man's Government, they must certainly 
yield to the fact that in 1852 there was an omission in legislation 
upon the subject of negro testimony, which omission the very next 
session of the Legislature hastened to supply. 

From this brief glance at the history of our government, both 
National and State, we are drawn to the conclusions — which can but 
become irresistible upon a closer and fuller examination of that his- 
tory — that those Governments are of the white race, and that it was 
the design of their framers and legislators to erect an insurpassable 
barrier between the black and white races. Most especially do these 
conclusions apply to our State Government. While it was designed 
to allow the negro a certain restricted domicile within the borders of 
our State, and privileges as between himself and his fellow-blacks, it 
was most certainly designed that he should not be allowed any rights 
or privileges which would tend, in the least, to break down the bar- 
rier placed between him and the white man by nature, and by our 
Constitution and laws, recognized and sought to be upheld. 

The undersigned cannot but regard the bill in question as subver- 
sive of this distinction, and therefore, contrary to the spirit of our 
Government. It is but the camel's nose, whose admission within the 
window of civil rights and privileges we must prevent, if we would 



279 

retain our 0M"n possession as our fathers intended. It is but the 
entering wedge, whose legitimate consequences must entail upon us 
all the evils of a heterogeneuus population — evils already too sadly 
illustrated upon this hemisphere ; evils feared by our fathers, and by 
them zealously sought to be guarded against. So long then, as the 
principle indicated is to be maintained, so long must the legislation 
contemplated by the bill under consideration be regarded as inju- 
dicious, impolitic and unwise. 

It is, therefore, respectfully recommended that the bill lie upon the 
table. 



Mr. Van Buskirk moved that the bill be engrossed, and read a 
third time to-morrow. 

Mr. Cullen moved to postpone the further consideration of the bill 
until next Thursday week, at 9 o'clock A. m. 

Mr. Williams moved to lay the motion upon table. 

Messrs. Williams and Cullen demanded the ayes and noes. 

Those who voted in the aflSrmative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Cobb, Corbin, 
Douglas, Downey, Gifford, Hanna, Jinkens, Marshall, McClurg, 
Mason, Moore, Newlin, Staggs, Vawter and Williams — 19. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Brown of Hamilton, Cason, 
Cullen, Hyatt, Milliken, Niles, Noyes, Reagan, Richmond, Tliomp- 
son. Van Buskirk, Ward, Woods, Wright and Mr. President— 18. 

So the motion to postpone was laid upon the table. 

The question being upon the engrossment of the bill, 

Mr. Downey offered the following amendment : 

Amend by adding to the first section the following words : '* PrO' 
vided, That no person having one eighth or more of negro blood 
who has come, or shall hereafter come, into this State, in violation of 
the thirteenth article of the Constitution of this State, or the law 



280 



made to carry the same into effect, shall he competent to testify in 
any case in which a white person is a party in interest. 

Mr. Van Buskirk moved to postpone the whole subject till Tuesday 
next at 9 o'clock a. m. ; ,.■ i . • ; ! i , ; ,.: •. \ .'•■..;. r:*.* i\toil: 

Mr. Cobb moved to lay the motion upon the table. 

Messrs. Cullen and Cason demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Cobb, Corbin, 
Douglas, Downey, English, Fuller, Gifford, Hanna, Hord, Jinkens, 
Marshall, Mason, Moore, Newlin, Staggs, Vawter and Williams — 21. 



Those who voted in the negative were, 



:.) .-Af. 



Messrs. Allison, Beeson, Bennett, Brown of Ilamilton, Cason, 
Cullen, Culver, Hyatt, McClurg, Milliken, Niles, Noyes, Reagan, 
Richmond, Thompson, Van Buskirk, Ward, Woods, Wright and Mr. 
President— 20. 

So the motion was laid upon the table. • 

Mr. Cason moved a call of the Senate. - ' 

Which was not agreed to. , . . . .i . ^ 

Mr. Van Buskirk moved to postpone the further consideration of 

the bill and amendment till Tuesday next, at 9 o'clock a. m. 
Which was agreed to. 

The President announced the following Senate Committee on Pub- 
lic Debt : 



4th Distr 
1st Distr 
2d Distr 
3d Distr 
5th Distr 
Gth Distr 
7th Distr 
8th Distr 
9th Distr 
lOih Distr 
11th Distr 



ct — Senator Cullen, Chairman. ^ .ir~ ! .nr* 

ct — Senator Williams. 

ct — Senator Bradley. ' " ■" '" 

ct — Senator Allison. • ,;-,.,, , 

ct — Senator Bennett. 

ct — Senator Oyler. .■■(,, "•»,; a' ■' f . o'' , 

ct — Senator Hanna. / 

ct — Senator Newlin. '.,:,*'i.,: •'•. ,.>;iA 

ct — Senator Wright, .r \ '" •:.•' 

ct — Senator Chapman. • 

ct — Senator Brown of Wells. ) )Mi i 



A message from the Governor, by Charles P. Jacobs, his Private 

Secretary : ' ; ■, ■ ...,'■, 

V State of Indiana, Executive Depautment, 
Indianapolis, December 5, 1865. 

To Hon. Paris C. Dunning, 

President of the Senate: ' 

Sir — In reply to the resolution of the Senate adopted on the 4th 
instant, requesting information as to what amount of $7,000 for a 
contingent fund, §5,000 for telegraphing, and §7,000 for clerk Lire, 
has been expended ; and also, whether the same amount will be 
required for the year 1866. I beg leave to say that by the seventh 
section of the General Appropriation Bill, the sum of §7,000, or so 
much thereof as might be necessary, was appropriated for the Gov- 
ernor's civil contingent fund for the year 1865, and by the forty-third 
section of the same act, a like sum of §7,000, or so much thereof as 
might be necessary, was appropriated for the same purpose, for the 
year 1866. Of the §7,000 appropriated for the year 1865, by said 
seventh section, the sum of §2,050 has been expended. 

By the ninth section of the same act, the sum of §12,000, or so 
much thereof as might be necessary, was appropriated for the Exec- 
utive Department for clerk hire, and necessary incidentals of the 
Governor's office, for the year 1865 ; and by the forty-fifth section 
of the same act, a like sum of §12,000, or so much thereof as might 
be necessary, was appropriated for the same purpose, for the year 
1866. Of the said sum of §12,000, so appropriated for the year 
1865, the sum of §9,434.71 has been expended up to this date. 

By the twelfth section of the same act, the sum of §5,000, or so 
much thereof as might be necessary, was appropriated to defray the 
expenses of telegraphing for the Executive Department for the year 
1865 ; and by the forty-seventh section of the same act, the like sum 
of §5,000, or so much thereof as might be necessary, was appropri- 
ated for the same purpose, for the year 1866. Oi the said sum of 
§5,000, so appropriated for the year 1865 by said twelfth section, 
the sum of §2,500 has been expended up to this date. 

In my judgment, the appropriation made by the forty-third section 
for the year 1866, can be reduced from §7,000 to §3,500; and that 
the sum of §12,000, appropriated by the forty- fifth section tor the 
year 1866, can be reduced to §6,000 : and that the sum of §5,000, 
appropriated for the same year by the forty-seventh section, can be 



282 

reduced to $2,500, making an aggregate reduction on all these ap- 
propriations of $12,000. 

It is but just to the Department to say that the Chairman of the 
Committee on Ways and Means of the House, had been informed 
several days before the passage of the resolution of the Senate, to 
which this is a response, that these reductions could be made. 

I trust it is not necessary to assure the Senate that, after making 
these reductions, so much of the balance of the appropriations only, 
as the public interests may require, will be expended during the 
ensuing year. I respectfully ask that this communication may be 
submitted to the Senate. 

Respectfully, your obedient servant, 

CONRAD BAKER, 
Lieutenant Governor, acting as Governor. 

Mr. Williams moved to refer the message to the Committee on 
Finance. 

Which was agreed to. '■^' 

Mr. Bennett asked and obtained leave of absence for Mr. Van 
Buskirk for tomorrow. 

Mr. Thompson moved to suspend the previous order of business. 
A\ hich was agreed to. , 

Mr. Thompson, from the Committee on the World's Fair, made the 
following report : 

Mr. President: : - 

The Special Committee on the subject of the World's Fair, or Uni- 
versal Exposition, to be held at Paris, France, to whom was re-com- 
mitted engrossed Senate bill No. 280, have had the same under con- 
sideration, and report the same back for the consideration of the 
Senate without any additional recommendations. ,, 

Which report was concurred in. . , 

Mr. Cullen introduced 

Senate bill No. 298. An act fixing the time of holding court in 
the Fourth Judicial Circuit, and repealing all laws in conflict there- 
with, and declaring an emergency. 

Which was read the first time and passed to a second reading. 



283 

Engrossed Senate bill No. 284, " an act to prevent unauthorizec! 
printing at the expense of the State," 
Was read a second time. 

Mr. Beeson moved to suspend the rules and read the bill a third 
time now. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Cullen, 
Culver, Douglas, Downey, English, Fuller, Gifford, Hanna, Ilord, 
Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Reagan, Richmond, Staggs, Thompson, Vawter, Ward, Wil- 
liams, Woods, Wright, and Mr. President — 39. 

None voting in the negative. 

So the rules were suspended, and Senate bill No. 284 was read a 
third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bradley, Brown of Hamilton, 
Brown of Wells, Cason, Chapman, Cobb, Corbin, Cullen, Culver, 
Douglas, Downey, English, Fuller, Gifford, Hanna, Hord, Hyatt,. 
Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Reagan, Richmond, Staggs, Thompson, A'awter, Ward, Wil- 
liams, Woods, Wright, and Mr. President — 41. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Mason, from the Committee on Public Printing, made the fol- 
lowing report : 

Mr. President : 

The Committee on Public Printing, to whom was referred House 



284 

bill No. 143, entitled "an act to amend section 143 of an act entitlet 
' an act to provide for the publication of delinquent taxes,' approvec 
March 31st, 1864, have considered the same, and have instructed me 
to report the same back and recommend its passage. 
Which report was concurred in. 

Engrossed House bill No. 177, " an act to amend section 143 ci 
an act entitled ' an act amendatory of an act to provide for the pub-1 
lication of delinquent taxes,' " approved May 30th, 1861, 

Was read a second time and passed to a third reading. 

Mr. Thompson moved to take up engrossed Senate bill No. 212, 
"^' an act to amend section 23 of an act entitled 'an act for the incor-, 
poration of Insurance Companies,'"' defining their powers, and pre-i 
,scribing their duties,' " approved June 17tli, 1852. 

Which was agreed to. 

Senate bill No. 212 was read a third time. ',.■■' 

The question 'being, shall the bill pass ? 

Mr. Thooipsiiii moved to refer to the Committee on Corporations. 

Which was agreed to. , 

Mr. Ilnnna moved to take up engrossed Senate bill No. 216. Anl 
fict to )epcal sections 43 and 44 of an act entitled " an act prescri-[ 
bing wliu may niake a will ; the efi'ect thereof; what may be devised;! 
regulaliiig the revocation; admission to probate, and contest there- 1 
of," approved May 31st, 1852. ! 

Which was agreed to. . , > , 

Senate bill No. 216 was read a third time. 

The question being, shall the bill pass? 

Those who voted in the affirmative were, ' 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver 
Douglas, Giflford, Hanna, Hyatt, Jinkens, Marshall, McClurg, Mason 
Milliken, Newlin, Niles, Reagan, Richmond, Staggs, Thompson, 
Vawter, Ward, Williams, Woods, Wright, and Mr. President — 33. 

Those who voted in the negative were, 

Messrs. Downey, Moore and Noyes — 3. 

So the bill passed. ' ' ••'■'" 



1^0 V 

The question being, shall the title of the biFl stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

i Mr. Richmond, from the Committee on County and Township Busi- 
less, made the following report ; 

\i?i. President : ' ' . 

1 
1 ■■ 

The Committee on County and Township Business, to whom was 
eferred Senate bill No. 269, entitled " an act to require Countr 
\uditors to make examinations of the records in their offices in rela- 
ion to the school funds, and make a report, and declaring an emer- 
;ency," have had the same under consideration, and have directed 
ae to report the bill back to the Senaf>e with the recommendatioD 
hat it pass. 

, Which report was concurred in. 
I •" 

Senate bill No. 269 was read a second time, and passed to a thir(3 
eading. 

Mr. Cason asked and obtained leave of absence for Mr. Bennett 
ntil Friday morninof. 

' On motion by Mr. Cobb< 
The Senate adjourned. 



WEDNESDAY MORNING, 9 o'clock, \ 
December 6, 1865, j. 



The Senate met. 



The Assistant Secretary proceeded to read the journal, when^ 

On motion of Mr. Gifford, 
The further reading was dispenses with. 



286 

REPORTS FROM SPE"CIAL COMMITTEKS. I { 

I 

Mr. Beeson, from the Committee on Agriculture, made the follow- j 
ing report : ' 

Mr. President : ' , , , I 

The Committee on Agriculture, to whom was referred Senate bill | 
No. IT'l, entitled "an act to provide for the protection of wildgame) ' 
defining the time in which the same may be taken or killed, and de- ' 
daring the penalty for the violation of this act ; repealing all laws ; 
inconsistent herewith, and declaring an emergency," have had the < 
same under consideration, and direct me to report it back to the Sen- ' 
ate and recommend its passage. 

Which report was concurred in. I 

Senate bill No. 174 was read a second time, and passed to a third 
reading. 

Mr. Beeson, from the Committee on Agriculture, made the follow- 
ing report : 

Mr. President j 

The Committee on Agriculture, to whom was referred House bill 
No. 29, entitled an act to amend section 15 of an act entitled "an 
act concerning inclosures, trespassing animals and partition fences.'* 
have had the same under consideration, and have directed me to 
report the same back to the Senate, with the recommendation that it 
pass. 

Which report was concurred in. 

House bill No. 29 was read a second time, and passed to a third 
reading. 

Mr. Hanna, from the Committee on the Agricultural College, made 
a majority report. 

Mr. Dunning (Mr. Richmond in the chair) made a minority 
report. 

Mr. Dunning offered an amendment to Senate bill No. 40, a bill on 
the same subject. 



287 

Mr. Culver moved to lay the reports and bill, together with all the 
papers on that subject on the table, and make the same the special 
order for Wednesday next, at 2 o'clock P. M. 

Which was agreed to. . > 

Mr. Staggs, from the Committee on Agriculture made the follow- 
ing report : 

Mr. President : 

The Committee on Agricultere, to whom was referred Engrossed 
Senate bill No. 194, entitled a bill requiring the State Board of Agri- 
culture to publish semi-annual reports of their proceedings, and 
making appropriations therefor, have had the snrae under considera- 
tion, and have instructed me to report the bauit; back and recommend 
that it lie on the table. 

Which report was concurred in. 

Mr. Corbin, from the Committee on Railroad Appraisement, made 
the following report: 

Mr. President : 

The Committee on Railroad Aappraisements, to whom was referred 
Senate bill No. 260, entitled an act to secure a just valuation of 
Railroad property; also Hou'^e bill No. 15b, entitled an act to pro- 
viile for the appraisement for taxation of the property of Railroad 
Companies within this State; prescribing the duties of officers in rela- 
tion thereto, and repealing all laws in contravention thereof, and incon- 
sistent therewith ; have had the same under consideration, and direct 
me to report the same back to the Senate, with the recommendation 
that Senate bill No. 250 lie on the table, and that House bill No. 158 
be amended by striking out after the enacting clause, and insertincy 
the following, and when so amended, recommend its passage : 

Mr. Vawter raised the following point of order: 

The Select Committee on Railroad Aappraisement having returned 
Senate bill No. 260, a bill to secure a just valuation ot Railroad 
property, &c. &c., with a recommendation that it lie on the table, 
and having reported back House bill No. 158, with the recommenda- 
tion that the engrossed amendment, (being an amendment striking out 
from the enacting clause, adopted on the 3d day of March, 1864, and 



which was not at any time reconsidered by the Senate,) be struck out 
from the enacting clause, and an entire new bill, embracing the 
features of House bill No. 258, be inserted in lieu thereof, and the 
Senator from Jennings having raised the point of order, whether it 
was competent, at this time, to make such an amendment, and the 
chair (the Senator from Howard) having overruled the point of order, 
I respectfully appeal from said decision. :. j- 

Pending which Mr. Beeson, from the Committee on Agriculture, 
asked and obtained leave to make the following report. :,i: r. : i off; 

Mr. President : ■ ■ ^ - . - , 

The Committee on Agriculture,' to whom was referred Senate bill 
No. 248, entitled an act to restrain certain animals, therein named, 
from running at large. ^ ., . , ■; i^;- •? . ; ; ; .'• 'iP-' 

Which report was concurred in. 

Senate bill No. 248 was read a second time, and passed to a third 
reading. 

Mr. Fuller, from the Committee on Agriculture, asked and obtained 
leave to make the following report : 

Mr. President: "■ > .' . ^ '•• ; '/;j.j'i 

The Committee on Agriculture, to whom was referred Senate bill 
No. 218, entitled an act to amend an act entitled " an act to discourage 
the keeping of useless and sheep -killing dogs, and providing penal- 
ties for tlio violation of any of the provisions of said act, by officers 
and others, and also repealing an act to license dogs," approved 
March 11, 1801, and providing that nothing in this act shall be so 
construed as to conflict with the provisions of an act entitled " an 
act for the protection of sheep," approved June 15, 1852 ; approved 
March 2d, 18G5, have had the same under consideration, and direct 
me to report the same back to Senate and recommend its passage. 

Which report was concurred in. '^'■''' 

Senate bill No. 218 was read a second time, and passed to » third 
reading. ■ ■ '. . • ' •• •'• ... ' . ■ ,. 

The question recurred on the appeal. -m^ jk" '■-> j^iii.'-' 



it.]-".i 



289 

The question being, shall the decision of the chair stand as the 
judgment of the Senate. 

The ayes and noes were demanded by Messrs. Vawter and Wil- 
liams. 

Those who voted in the affirmative were, 

Messrs. Beeson, Bradley, Brown of Hamilton, Brown of Wells, 
Oason, Corbin, Culver, Davis, Downey, Dykes, English, Gifford, 
Hyatt, Milliken, Moore, Newlin, Niles, Reagan, Terry, Ward and 
Woods— 21. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Bowman, Chapman Douglas, Jinkens, 
Marshall, McClurg, Mason, Noyes, Staggs, Vawter, Williams and 

Wright— 14. 

Messrs. Dunning and Thompson were excused from voting. 

So the decision of the chair stands as the judgment of the Senate. 

The question being on concurring in the report, 

Mr. Dunning moved to lay the report and bill on the table, 
Which was agreed to. 

RESOLUTIONS. 

Mr. Beeson offered the following resolution. 

Resolved, That the Committee on Finance be instructed to allow 
no claim, that is not presented to them at least ten days before the 
final day of adjournment, unless the same shall have accrued within 
the last day of the session. 

Which resolution was adopted. 

SENATE BILLS ON FIRST READING. 

Mr. Brown of Wells, introduced 

Senate bill No. 299. An act supplemental to an act of the Gen- 
eral Assembly, of the State of Indiana, entitled "an act authorizing 
the construction of Plank, Macadamized and Gravel roads," approved 
May 12, 1852. 

Which was read a first time, and passed to a second reading. 
S. J.— 19 



290 

Mr. Williams asked and obtained leave to offer the following res- 
olution : 

1 

Besolved^ That the Auditor of State report to the Senate whether 
the ten thousand dollars, appropriated as a miscellaneous fund, has 
been drawn from the treasury ; and if so, by whose order — for whose 
benefit — giving a detailed statement, if not inconsistent with the 
public good. 

Which resolution was adopted. 

SENATE BILLS ON THIRD READINQ. 

Mr. Bradley moved to take up Senate bills on third reading, 
Which was agreed to. 

Engrossed Senate bill No. 161. A bill requiring the Boards of 
County Commissioners in the several counties of the State of Indi- 
ana, to examine the books, papers and vouchers of any county officer 
of their respective counties, who may be charged with having received 
a greater amount of fees than he is legally entitled to receive ; to 
•determine the amount thereof, if any ; and to cause said suit to be 
brought for its recovery, and declaring an emergency. 

Was read a third time. j 

The question being on the passage of the bill, I 

Shall the bill pass ? j 

1 

I; 

Those who voted in the affirmative were, I 

Messrs. Allison, Beeson, Bowman, Bradley, Brown of Hamilton, 
"Brown of Wells, Cason, Chapman, Corbin, Culver, Douglas, Downey, 
Dykes, Giiford, Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, 
Milliken, Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, 
'Thompson, Vawter, Ward, Williams and Woods — 33. 

Those who voted in the negative were, 

Messrs. Barker, English, Moore and Wright — 4. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 



291 

Engrossed Senate bill No. 187. An act to amend sections 3 and 
53 of an act entitled " an act to reduce the law incorporating the city 
of Madison, and the several acts amendatory thereto, into one act, 
and to amend the same," approved February 14, 1848, and declaring 
an emergency. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. A.llibon, Beeson, Bowman, Brown of Hamilton, Cason, 
Chapman, Corbin, Davis, Douglas, Downey, Dykes, English, Gilford, 
Hyatt, Marshall, McClurg, Mason, Milliken, Miles, Noyes, Reagan, 
Richmond, Terry, Thompson, Vawter, Ward, Williams, Woods, 
Wright and Mr. President— 30. 

Those who voted in the negative were, 

Messrs. Barker, Brown of Wells, Jinkens, Moore, Newlin and 

Staggs— 6. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 208. An act to provide for the con- 
struction of sewers within incorporated towns, defining the powers 
and duties of the Board of Township Trustees in relation thereto, 
and to repeal all laws in conflict therewith. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Brown of Hamilton, Brown of 
Wells, Cason, Chapman, Cobb, Corbin, Culver, Davis, Douglas, 



292 

Downey, Dykes, English, Fuller, Gilford, Hord, Hyatt, Jinkens, 
Marshall, McClurg, Milliken, Moore, Newlin, Niles, Noyes, Reagan, 
Richmond, Staggs, Terry, Thompson, Ward, Williams, AYoods, Wright 
and Mr. President — 37. 

Those who voted in the negative were, •,. ' 

Messrs. Bradley and Vawter — 2. i, 

So the bill passed. ^ ■ 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. ■■•.'• 

Encrossed Senate bill No. 213. An act to amend section 33 of an 
act entitled "an act to repeal all general laws now in force for the 
incorporation of cities, to prescribe their powers and rights, and the 
manner in which they exercise the same, and to regulate such other 
matters as properly pertain thereto," approved March 9, 1857. 

Was read a third time. 

The question being on the passage of the bill, , 

Shall the bill pass ? ' ■ ■■: 

Those who voted in the affirmative were, I 

Messrs. Allison, Barker, Beeson, Brown of Hamilton, Brown of j 
Wells, Cason, Chapman, Cobb, Corbin, Culver, Davis, Douglas, |, 
Downey, Dykes, English, Fuller, Gifford, Hord, Hyatt, Jinkens, j, 
Marshall, McClurg, Milliken, IMoore, Newlin, Niles, Noyes, Reagan, 
Richmond, Staggs, Terry, Thompson, Vawter, Ward, Williams, 
Woods, Wright and Mr. President— 38. 

Mr. Bradley, only, voting in the negative. ' ' "' 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ord^red^ That the Secretary inform the House thereof. 

Engrossed Senate bill No. 214. A bill to define what officers shall j 



293 

he elected by each House of the General Assembly, and fixing their 
compensation, and repealing all laws inconsistent therewith. 
Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the alSrmative were, 

](iessrs. Allison, Barker, Beeson, Bradley, Brown of Wells, Cason, 
Cobb, Corbin, Culver, Davis, Douglas, Downey, English, Fuller, Git- 
ford, Plord, Hyatt, Jinkens, Marshall, McClurg, Milliken, Moore, 
Niles, Noyes, Reagan, Richmond, Staggs, Terry, Vawter, Ward, 
Williams, Woods. Wright and Mr. President — 34. 

Those who voted in the negative were, 

Messrs. BroT.'n of Hamilton, Chapman, Dykes, Newlin and Thomp- 
son — 5. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 215. An act to amend section 77 of an 
act entitled *' an act to revise, simplify and abridge, the rules, prac- 
tice, pleadings and forms, in criminal actions in the courts of this 
State," approved June 17, 1852, and declaring when the same shall 
take effect. 

Was read a third time. 

The question being on the passage of the bill. 
Shall the bill pass ? 

I Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Brown of Hamilton, Brown of Wells, 
Oason, Chapman, Corbin, Culver, Davis, Douglas, Downey, Dykes, 
English, Fuller, Gifford, Hord, Hyatt, Jinkens, Marshall, McClurg, 
Milliken, Moore, Newlin, Niles, Noyes, Reagan, Staggs, Thompson, 
Ward, Williams, Woods, Wright and Mr. President — 33. 



294 

Those who voted in the negative were, 

Messrs. Allison and Terry — 2. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 223. A bill to authorize married women, 
under the age of twenty-one years, to join in the conveyance of 
real estate, in certain cases, and to repeal all laws and parts of laws 
inconsistent therewith. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Brown of Hamilton, Brown of 
Wells, Cason, Chapman, Cobb, Corbin, Culver, Davis, Douglas, 
Downey, Dykes, English, Fuller, Gifford, Hord, Hyatt, Jinkens, 
Marshall, McClurg, Milliken, Moore, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Vawter, Ward, Woods, 
Wright and Mr. President— 38. 

Mr. Williams only, voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 225. An act providing for the taking 
of depositions of parties to civil actions, &c., and declaring when 
the same shall take effect. 

Was read a third time. 



295 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Brown of Wells, Cason, Chap- 
man, Cobb, Corbin, Culver, Davis, Douglas, Downey, Dykes, English, 
Fuller, Gilford, Hyatt, Jinkens, Marshall, McClurg, Milliken, Moore, 
Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, 
Thompson, Vawter, Ward, Williams, Woods, Wright and Mr. Presi- 
dent— 37. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

Engrossed Senate bill No. 228. An act to amend an act entitled 
" an act to provide for a uniform mode of doing township business, 
prescribing the duties of certain officers in connection therewith, and 
to repeal all laws conflicting with this act," approved February 18, 
1859! 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bradley, Brown of Hamilton, 
Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver, Davis, 
Douglas, Downey, Dykes, English, Fuller, Gifford, Hord, Hyatt, 
Jinkens, Marshall, McClurg, Milliken, Moore, Newlin, Niles, Noyes, 
Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Vawter, Ward,. 
Williams, Woods, Wright and Mr. President — 40. 

None voting in the negative. 
So the bill passed. 



296 

The question being, shall the title of the bill stand as read? 

It was so ordered. ■ ; ■• '• ' '^ ■i'^' 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 229. An act supplemental to an act 
approved March 5, 1859, authorizing the purchase of railroads, plank 
roads and turnpike roads, under mortgage sale, or sales made accord- 
ing to the terras of deeds of trust, to organize as incorporated com- 
panies, and prescribing their powers and duties, extending the time 
provided in said act for the organization of such district corporations 
by such purchasers. 

Was read a third time. ->', 

The questio.i being on the passage of the bill, • •,..-.. 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Cason, Chapman, Culver, Davis, Downey, Dykes, Englisli, 
Fuller, GifiFord, Hyatt, Jinkens, McClurg, Milliken, Moore, Xewlin, 
Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, 
Vawter, Ward, Woods, Wright, and Mr. President — 34. , 

Those who voted in the negative were, ': 

Messrs. Brown of Wells, Corbin and Douglas — 3. •: ' ■ >. . 

So the bill passed. . ;" 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

On motion of Mr. Oyler, 

The Senate adjourned. 



297 



2 o'clock p. m. 
The Senate met. 
The President being absent, 

The Principal Secretary called the Senate to order, v.hen 

On motion of Mr. Allison, 
Mr. Williams was called to the chair. 

The President (Mr. Williams in the chair) laid before the Senate 
the following communication from the Auditor of State: 

Office of Auditor of State, \ 
Indianapolis, Dec. 6, 18G5. / 

Hox. Paris C. Dunning, 

President of the Senate : 

Sir: — I am in receipt of the following resolution, adopted by the 
Senate on the 2d inst., to-wit : 

"Whereas, It was charged, by the minority report of the select 
committee on Senate bill No. 250, that the passage of said bill 
would lose to the revenue of the State one millian dollars, there- 
fore be it 

" Resolved, That the Auditor of State be requested to inform the 
Senate what amount of revenues, if any, would be jeopardized b}' 
he passage of Senate bill No. 250." 

In reply, I have to state that, shortly after assuming the duties of 
ny office, in January last, it came to my knowledge that a large 
imount of taxes were due and not paid, by various Railroad Com- 
Danies in the State. Feeling it my duty to take some action in the 
premises, after consultation with the Governor, I requested the 
Utorney General to investigate the subject, and employed counsel to 
ssist him in the prosecution of any suits it might be deemed proper 
institute. Suits were accordingly brought in two cases, one of 
rhich is now pending in the Supreme Court. The amount of taxes 



298 

involved in these two suits is something over three hundred thousand 
dollars, (^300,000), and I am informed by the counsel in the cases, 
that the whole amount involved in connection with these, and other 
Ralroad Companies wuthin the State, will reach nearly (^1,000,000) 
one million dollars. This includes, of course, all taxes for which 
such Companies are liable ; State, county, township, special school 
taxes, etc. 

In may be proper to remark that a representation of the bond 
holders of one of the Companies, now in litigation, has informed me 
that the bond holders stand ready to pay the tax whenever the 
highest tribunal decides that they are legally due. 

Which, on motion, 

Was referred to the Committee on Railroad Appraisement. 

The hour having arrived for the consideration of the special 
order, 

The Senate proceeded to the consideration of Senate bills Nos. 209 
and 89. 

On motion of Mr. Cobb, 
Senate bills Nos. 209 and 89, were laid on the table. 

SENATE BILLS ON THIRD READING. 

Mr. Richmond asked and obtained leave to offer the following 
resolution : 

Whereas, Thursday, the 7th day of December, has been set apart 
by proclamation of the Governor of the State of Indiana, as a 
day of thanksgiving ; and, 

Whereas, It is eminently fitting that the Representatives of the 
people of a great State should observe the day so set apart with 
becoming solemnities ; therefore, be it 

Resolved, That the Rev. Mr. Staggs, Senator from the District 
composed of the counties of Putnam and Clay, be requested to deliver 
a sermon in the Senate chamber, to-morrow (Thursday) morning 
at 9 o'clock. 

Which resolution was adopted. 

Mr. Stacrgs declined the honor on account of ill health. 



299 

Senate bill No. 230. An act in relation to the organization of the 
Senate and House of Representatives, 
Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of Ham- 
ilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Davis, Downey, 
English, Gifford, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, 
Moore, Niles, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, 
Vawter, Ward, Williams, Woods and Wright— 34. 

Mr. Dykes being the only one who voted in the negative. 
So the bill passed. 

The question being, shall the title of the bill stand as read 't 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 234. An act supplemental to an act, 
approved June 11th, 1852, entitled " an act for the incorporation of 
towns, defining their powers, providing for the election of the officers 
thereof, and declaring their duties. 

Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver, 
Davis, Downey, Dykes, English, Gifford, Hord, Hyatt, Jinkens, 
McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Vawter, Ward, Wil- 
liams, Woods and Wright — 38. 

None voting in the negative. 

So the bill passed. 



300 

The question being, shall the title of the bill stand as read? 

It was so ordered. -' ■■■ ,, \ 

Ordered, That the Secretary inform the House thereof. •. f .;'' ; 

ill ; ■ 

Engrossed Senate bill No. 239. An act authorizing the session ' 
of the Common Pleas Courts in this State, after the time of holding ; 
Circuit Courts, when the time of holding their sessions comes in 
conflict, and declaring an emergency. ■■ 

Was read a third time. . ■■ . i/'-.* .c'- 1 ■ 

The question being on the passage of the bill, ,;^_., i ■ 

Shall the bill pass? ■ . , , ■, i; 

Those who voted in the affirmative were, ■ 

jMessrs. Allison, Barker, Becson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver. 
Davis, Downey, Dykes, English, Gilford, Hord, Hyatt, Jinkens, 
McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Yawter-, Ward, Wil- 
liams, Wood and Wright — 38. 

None voting in the negative. 

So the bill passed, j . > i : 

The question being, shall the title of the bill stand as read? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 241. An act to amend an amendment 
of an act entitled '' an act in relation to witnesses, and to repeal sec- 
tion 238 of article 13, of the act entitiled 'an act to revise, simplify 
and abridge, the rules, practice, pleadings, powers and actions, at 
law, and to provide for the administration of justice in a uniform 
mode of pleadings and practice, without distinction between law and 
equity,' approved June 18, 1852 ; and to repeal all laws inconsistent 



301 

therewith, and providing when this act shall take effect and be in 
force," which took effect and went into force March 17, 18G1. 
Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

I' Those who voted in the affirmative were, 

Messrs. Allison, Beescn, Bowman, Bradley, Brown of Hamilton, 
Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver, Davis, 
Douglas, Downey, Dykes, Gifford, Hord, Hyatt, McClurg, Mason, 
Milliken, Newlin, Niles, Oyler, Reagan, Richmond, Staggs, Terry, 
Thompson, Yawter, Ward, Williams, Woods, and Wright — 34. 

Those who voted in the negative were, 

Messrs. Barker, English, Jinkens, Moore — 4. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the PIousc thereof. 

Mr. Yawter asked and obtained leave of absence until Friday next. 

Engrossed Senate bill No. 244. An act to amend an act entitled 

" an act providing for the election and qualification of Justices of 

the Peace, and defining their jurisdiction, powers, anr] duties in 

civil cases," approved June 9, 1852. 

Was read a third time. 

y 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bradley, Brown of Hamilton, Brown of 
Wells, Cason, Chapman, Cobb, Corbin, Culver, Davis, Douglas, 
Downey, Dykes, English, Gifford, Hord, Hyatt, McClurg, Mason, 
Newlin, Niles, Oyler, Reagan, Richmond, Terry, Thompson, Yawter, 
Ward, Woods and Wright— 32. 



302 

Those who voted in the negative were, 

Messrs. Barker, Jinkens, Milliken, Moore, Noyes, Staggs and 
Williams — 7. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 246. An act to repeal the 17th section 
of an act to incorporate the Firemen and Mechanics' Insurance Com- 
pany, and declaring an emergency. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, • 

Messrs. Allison, Beeson, Bowman, Bradley, Brown of Hamilton, 
Cason, Chapman, Cobb, Corbin, Davis, Douglas, Downey, Dykes, 
English, Gifford, McClurg, Mason, Milliken, Newlin, Niles, Noyes, 
Reagan, Richmond, Thompson, Ward and Woods — 27. 

Those who voted in the negative were, 

Messrs. Barker, Brown of Wells, Culver, Hord, Hyatt, Jinkens, 
I^Iarshall, Moore, Staggs, Terry, Williams and Wright — 12. 

So therbill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 249 was read a third time, and. 

On motion by Mr. Richmond, 
Referred to the Committee on the Judiciary. 

Engrossed Senate bill No. 252. An act to amend the 2d section 
of an act for the incorporation of manufacturing and mining compa- 



303 

nies, and companies for mechanical, chemical, and building purposes, 
' approved May 20, 1852, by extending the provisions of said section 
to any companies heretofore incorporated for any of the purposes 
contemplated in said act, and legalizing all conveyances heretofore 
received by such companies for such purposes. 
Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

u; ■ 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bowman, Bradley, Brown of Hamilton, 
Cason, Chapman, Cobb, Davis, Downey, Dykes, English, Gifford, 
Hord, Hyatt, McClurg, Milliken, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Terry, Ward, Williams, Woods, Wright and Mr. 
President— 29. 

Those who voted in the negative were, 

Messrs. Barker, Corbin, Culver, Jinkens, Mason, Moore and 
Staggs — 7. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 253. An act to relieve county Aditors, 
Treasurers, Township Trustees, Assessors and other officers, for the 
year 1865, from the penalties attached for the violation of an act 
entitled " an act ^o discourage the keeping of useless Ind sheep- 
killing dogs," approved March 7, 1865, and declaring an emergency. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 



Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bowman, Bradley, Brown of Hamilton, 
Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver, Davis, 
Douglas, Downey, Dykes, English, Gifford, Hyatt, McClurg, Mason, 
Moore, Ward, Williams, Wright and Mr. President — 25. 



304 

Those who voted in the negative were, 

Messrs. Barker, Jinkens, Marshall, Milliken, Newlin, Niles, Noyes,, 
Ojler, Reagan, Richmond, Staggs, Terry and Woods — 13. 

So the bill did not pass, for want of a constitutional majority. 

Engrossed Senate bill No. 254. An act to amend section 2 of an- 
act entitled " an act to provide a Treasury system, for the State of 
Indiana, for the manner of receiving, holding, and disbursing the 
public moneys of the State, and for the safe keeping of the public 
moneys. 

Was read a third time. • '' •:--.'' 

The question being on the passage of the bill, vl > 

Shall the bill pass ? ■' :• • - 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver, 
Davis, Douglas, Dykes, English, Gilford, Hanna, Hyatt, Jinkens, 
McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Ward, Williams, Woods, Wright 
and Mr. President — 37. 

Mr. Marshall only voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof- 
Engrossed Senate bill No. 255. A bill to amend section 2 of an 
act supplemental to an act entitled *' an act for the incorporation of 
high schools, academies, colleges, universities, theological institutions 
and missionary boards," approved February 28, 1855; approved 
March 5, 1859. 

Was read a third time. ' ' . :'■ <IC 

The question being on the passage of the bill, ^ , 

Shall the bill pass ? .,'-•,// 



3t)5 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver, 
Davis, Douglas, Djlves, English, Oifford, Hanna, Hord, Hjatt, 
Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Newlin, Niles, 
Oyler, Reagan, Terry, Ward, Woods, Wright and Mr. President — 35. 

Those who voted in the negative were, 

Messrs. Noyes, Richmond, Staggs and Williams — 4. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

^nhred, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 256. An act to amend clause 40 of' 
section 30, of an act entitled " an act granting the citizens of the 
town of Evansville a city charter," approved January 27, 1847. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bowman, Brown of Hamilton, Brown of 
Wells, CasoR, Chapman, Cobb, Culver, Davis, Douglas, Downey, 
Dykes, English, GifTord, Hanna, Hord, Hyatt, Jinkens, McClurg, 
Mason, INiles, Noyes, Oyler, Reagan, Richmond, Terry, Ward, WiK 
liams. Woods, Wright and Mr. President — 33. 

Those who voted in the negative were, 
Messrs. Moore, Newlin and Staggs — 3. 
So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

t)rdered, That the Secretary inform the House thereof. ' 

S. J.— 20 



S06 

Mr. Oyler asked and obtained leave to offer the following 
resolution : 

W'h'ETIEAs, The President of the United States and the Governor of 
the State of Indiana, have designated Thursday, the 7th day of 
December, as a day of general thanksgiving to Ahnighty God for 
his great mercies to the Nation, State and people, be it 

Resolved, That when the Senate adjourns, it adjourn to meet on 
Vriday next, at 9 o'clock A. M. 
Which resolution was adopted. 

Mr, Williams asked and obtained leave to offer the following 
resolution : 

^Vhereas, There used to be in the ladies' lobby of the Senate 
chamber, two sofas ; and, 

Whereas, It would be very convenient and pleasant for ladies vis- 
iting the Senate chamber, and also to the Senators who maj be 
sick or disabled, to have them returned ; therefore, 

Besolved, That the Doorkeeper be authorized to return theic 
instanter. 

Which resolution was adopted. 

Mr. Brown of VVells, a&ked and obtained leave to offer the follow- 
ing resolution : 

Whereas, By sections 10, 11 and 4G, of the general appropriation 
law, approved March tl. 18G5, there was appropriated for the 
Adjutant General's office, the sums of nine thousand two hundred 
dollars (§9, 200) for the unfinished business, twelve thousand dollars 
($12,000) for the current business of 1865, and twelve thousand dol- 
lars (§12,000) for the current business of 1866; therefore 

Resoloed, That the Adjutant General be, and he is hereby respect- 
fully requested, if not inconsistent with the public interest, to report 
to the Senate at his earliest convenience, what portion of said sums 
of nine, thousand two hundred dollars, (§9,200), and twelve thousand 
dollars, ($12,000) for 1865, have been drawn from the Treasury, 
specifying by whom drawn, and upon what particular account and 
»ervice; also what part of said sum of twelve thousand dollars 



307 

($12,000) for 1866, may probably be necessary for the business of 
bis odice, during that year. 

Winch resolution was adopted. 



Mr. Wright moved to suspend the order of business, and take up 
)use (jills on third reading. 
Which was agreed to. 



Engrossed House bill No. 78. A bill to provide for the s;ile of 
certain lands belonging to the State of Indiana in the counties of 
Jasper and Mewton, and to give pre-emption to actual sellers thereto-. 

Was read a third time. 

The question being upon the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bradley. Brown of Ilarailtoir. 
Cason, Chapman, Cobb, Corbin, Culver, Downey, Dykes, English. 
Giflford. Ilord, Hyatt, Jinkens, McClurg, Mason, Milliken, Newlin, 
Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Ward, Wil- 
liams, Woods, Wright and Mr. President — oo. 

Those who voted in the negative were, ' 

Messrs. Brown of Wells, Marshall and Moore — 3. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered That the Secretary inform the House thereof. 

Mr. Chapman asked and obtained leave to offer the following reso- 
lution : 

Resolved, That the Judiciary Committee be instructed to inquire 
into and report by bill or otherwise, whether incorporated towns and 
cities may tax Fair Grounds for the grading of streets, and the im- 
provement thereof, and for other municipal purposes. 

Which resolution was adopted. 



308 

Mr. Downey nsked and obtained leave to make the following repoH 
rora the Judiciary Committee : 

7, 

Mr. President : 

The Judiciary Committee report that they have considered Senate 
bill No. 249, entitled "an act defining the powers of companies 
organized to construct canals for hydraulic purposes," report the 
same back with the following amendments, and when so amended, 
they recommend its passage : 

In line one, page two, strike out the word " general." 

In line three, page two, strike out the words *' special powers." 

On page eight, second line from bottom, strike out the words " or 
parent." 

On page nine, line three, strike out the same words. 

On page ten, strike out the word " fixing," and insert " filing." 

In line four, on page twelve, strike out the word ', or," and insert 
*'on." 

Strike out all on same page after and including the words " that 
notwithstanding." 

On page thirteen, second line from bottom, strike out the wordi* 
" or take security for the same." 

On page fifteen, strike out all of the section after the word " made " 
in last line on the page. 

Which report was concurred in. 

Senate bill No. 249 was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Mesars. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver, 
Davis, Douglas, Downey, Dykes, English, Gifford, Hanna, Hord^ 



309 

Hyatt, Marshall, McClurg, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, 0}'ler, Reagan, Richmond, Staggs, Terry, Ward, Williams 
Woods, Wright and Mr. President — 39. 

Mr. Jinkens, only, voting in the negative. 
So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

Engrossed Senate bill No. 258. An act to amend section 96 of 
an act providing lor the settlement of decedents' estates, prescribing 
the rights, liabilities and duties, of officers connected with the man- 
agement thereof, and the heirs thereto, and certain forms to be used 
in such settlements, approved June 17, 1852. 

Was read a third time. 

The question being on the passage of the bill. 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin, Culver. 
Davis, Douglas, Downey, Dykes, English, Gifford, Hanna, Ilord, 
Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Ward, Woods, 
Wright and Mr. President — 38. 

Mr. Williams, only, voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 261. An act to amend the 2d and 5th 
sections of an act entitled " an act concerning the organization of 



v-oluntary associations, and repealing all former law8 in reference 
t-hereto," approved February 12, 1858. ■ ,r ■ 

Was read a third time. • i S' 

The question being on the passage of the bill, i> 

Shall the bill pass? 

Those who voted in the affirmative were, 

^lessrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Cobb. Corbin, Culver, 
Davis, Douglas, Downey, Dykes, English, Gifford, Hanna, Hord, 
Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Ward, Williams, 
Woods, Wright and Mr. President — 39. 

None voting in the negative. 
So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was 80 ordered. 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 262. An act to make an appropriation to pay the 
balance of the quota of this State of the expenses, of the Soldiers' 
National Cemetery at Gettysburg, Pennsylvania, as assessed by the 
Board of Managers of said association. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Corbin, Culver, Davis, 
Douglas, Downey, Dykes, Gifford, Hanna, Hyatt, Jinkens, McClurg, 
Mason, Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Rich- 
mond, Terry, Ward, Williams, Woods, Wright and Mr. President — 36. 

Mr. Staggs, only, voting in the negative. 

So the bill passed. 



311 

The questiota being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 268. An act to invest the Circuit 
Courts of this State with exclusive original jurisdiction in applic!*- 
tions for divorces, and to prescribe the terms upon which divorc<'8 
may be granted in cases where the causes of divorces relied <'n 
occurred elsewhere than in this State. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown oi 
Hamilton, Brown of Wells, Cason, Chapman, Culver, Davis, Downey, 
Dykes, Gifford, Hanna, Hyatt, Jinkens, Moore, Newlin, Niies, Noyes, 
Oyler, Reagan, Richmond, Terry, Ward, Williams, Woods and Wriglit 
-29. 

Those who voted in the negative were, 

Messrs. Corbin, Douglas, English, McClurg, Mason, Milliken, 
Staggs and Mr. President — 7. 
So the bill passed. 

The question beings shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 269. An act entitled "an act to require county 
Auditors to make examination of the records in their officers in rela- 
tion to school funds, and make report, and declaring an emergency. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown /if 
Hamilton, Cason, Chapman, Corbin, Culver, Davis, Douglas, Downev, 
Dykes, Gifford, Hanna, Hyatt, McClurg, Milliken, Newlin, Niles. 
Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Ward, William^-, 
Woods, Wright a^id Mr. President~-32. 



312 

Those who voted in the negative were, ■ ^ 

Messrs. Brown of Wells, English, Jinkens, Mason and Moore — 5-^ 
So the bill passed. 

The question being, shall the title- of the bill stand as read? 

It was so ordered. .:^ 

•(1! 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 272, entitled a bill to amend the 12th section of ar> 
act entitled "an act to provide for a general system of Common 
Schools, the officers thereof and their respective powers and duties, 
and matters properly connected therewith, and prescribing the fees 
for certain officers therein named ; and for the establishment and 
regulation of township libraries, and to repeal all law» inconsistent 
therewith, and pro\iding penalties therein prescribed." 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Brown of Hamilton, Brown of Wells^. 
Cason, Chapman, Culver, Davis, Douglas, Downey, Dykes, Gifford,. 
Hanna, Hyatt, McClurg, Mason, Milliken, Newlin, Niles, NoyeSy 
Oyler, Reagan, Richmond, Terry, Ward, Williams, Woods, Wrigkt 
and Mr. President— 29. 

Those Avho voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Corbin, English, Jinkens, Moore 
and Staggs — 8. 

So the bill passed. 

The question being, shall the title of the bill stand a» read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 290. An act concerning school houses. 
and defining who shall occupy and control them. 

Was read a third time. ' i 



The question being on the passage of the biW, 
Shall the bill pass ? 

Those who voted in the aSBrmative were^ 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Corbin, Culver, Davis^ 
Douglas, Downey, Dykes, English, Gifford, Hanna, Hyatt, Jinkens^ 
McClurg, Mason, Milliken, Niles, Nojes, Oyler, Reagan, Rich- 
mond, Staggs, Terry, Ward, Williams, Woods, Wright and Mr. 
President — 35. 

Mr. Newlin, only, voting in the Negative. 

So the bill passed. 

The question being, shall the title oi the bill stand as read! 
Id was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 280, relative to the Universal Exposition, 
at Paris, France, in 1867. 
Was read a third time. 

The question being on the passage of the bill — 
Pending which, the following message was received from the Hoiise^ 
by Mr. Nixon, their Clerk : 

Mr. Pkesident : 

I am directed by the House of Representatives to inform the Sen- 
ate, that the House has passed the following Engrossed bills thereof^ 
to-wit : 

Engrossed House bill No. 25. A bill to repeal an act entitled '* an 
act to prohibit the evidence of Indians, and persons having one- eighth 
or more of negro blood, in all cases where white persons are partiea 
in interest;" approved February 14, 1853, and so much of all other 
laws as render persons incompetent as witnesses, on account of their 
color. 

House bill No. 239. A bill to authorize Manufacturing Companies. 
to erect, a dam across the St. Joseph river, ia Elkhart county. 



314 

Mr. Millikcn moved to recommit Senate bill No. 280 to the Select ' 
Oomiiiittee on the World's Fair, with instructions to strike out the I 
woni '-five," and insert the word ''three." i 

Which was ai;reed to. ' ' 

Engrossed Senate bill No. 297. A bill supplemental to an act i 
entitled " an act defining felonies, and prescribing penalties therefor," i 
approved Jane 10, 1852. 1 

Was read a third time. ; 

Mr. Ojler moved to lay the bill (No. 297) on the table, ' ; 

Which was agreed to. j 

Engrossed Senate Joint Resolution, No. 15. A Joint Resolution j 
requesting our Senators and Representatives in Congress, to adopt'! 
some more efficient mode of adjusting soldiers' claims. 

Was read a third time. 

The question being on the passage of the resolution, < v - 

Shall the resolution pass'^? 

Tliosc who voted in the affirmative were, 

Messrs. Allis(tn, Barker, Recson, Bowman, Bradley, Brown of : 
Hamilr,oi!, Ijiown of Wells, Cason, Chapman, Corbin, Culver, Davis, | 
Downey, Dykes, English, GifFord, Ilanna, Hyatt, Jinkens. Mison, 1 
Milliken, Moore, Nevs'lin, Niles, Noyes, Oyler, Reagan, Richmond, j 
Staggs, Terry, Ward, Williams, Woods, Wright and Mr. Pres- ! 
ident — 35. 

None voting in the negative. 

So the resolution passed. 

The question being, shall the title of the resolution stand as j 
read ? 

It was so ordes-ed. 

Ordered, That the Secretary inform the House thereof. 

Mr. Beeson moved to take up Senate bill No. 189, 
Which was agreed to. 

Senate bill No. 189 was read a second time and passed to a third 
.readinj:. 



315 

Mr. Corbin asked and obtained leave to make the following report : 

Me. President : 

The Special Committee to whom was referred Joint Resolution No, 
30, on the subject of the Terre Uaute and Richmond Railroad, have 
had the same under consideration, and have directed me to report the 
same back with the following amendment : 

Strike out after the resolving clause, and insert the following, and 
after so amending, do recommend its passage. 
Which report was concurred in. 

Senate Joint Resolution No. 30 was read a second time, and 
ordered to be engrossed. 

Mr. Allison asked and obtained leave to make the following 
report : 

Mr. President : 

The Committe on Education, to whom was referred Senate bill No. 
295, entitled an act to amend section 33 of an act entitled '• an act 
to provide for a general sj'stem of common schools, the officers 
thereof, their respective powers, and duties and matters properly 
connected therewith, and prescribing the fees for certain officers 
therein named, and for the establishment and regulation of town- 
ship libraries, and to repeal all laws inconsistent therewith, and pro- 
viding penalties therein prescribed," approved March (J, 1865, have 
had tlie same under consideration, and have instructed me to report 
the same back and recommend its passage. 

Which report was concurred in. 

Seriate bill No. 295 was read a second time, and passed to a third 
reading. 

On motion by Mr. Gilford, 

The Senate adjourned. 



316 



FRIDAY MORNING, 9 o'clock, 
December 8, 1865. 



The Senate met. 



The Assistant Secretary proceeded to read the journal, when, I 

On motion by Mr. Oyler, j 

The further reading was dispensed with. I 

The hour having arrived for the special order, th« Senate pro- 
ceeded to the consideration of House Joint Resolution No. 1, 
Pending which, 
Mr. Beeson asked and obtained leave to introduce 

A memorial on the subject of the State debt, 

Which was referred to the Select Committee on that subject. 

The question recurs on House Joint Resolution No. 1. 

The question being on reading a third time to-morrow, 
Messrs. Vawter and Oyler demanded the ayes and noes. 

Those who voted in the affirmative were. 

Messrs. Allison, Beeson, Brown of Hamilton, Cason, Chapman' 
Oullen, Davis, Dykes, Hyatt, Milliken, Niles, Noyes, Oyler, Reagan* 
Richmond, Terry, Thompson, Ward, Woods, Wright and Mr. Pres- 
ident— 21. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Cobb, Corbin, 
Douglas, Downey, English, Finch, Fuller, Gifford, llaniia, Hord, 
Jinkens, Marshall, McClurg, Mason, Moore, Staggs, Vawter and 
Williams— 22. 

So the Joint Resolution was not ordered to be engrossed. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

Mr. Woods offered a petition praying for the repeal of an act 
entitled " an act for the relief of the families of soldiers, seamen, 
marines," &c. &c., approved March 4th, 1865, 

Which was referred to the select committee on that subject. 



317 

Mr. Cason offered a petition praying for the repeal of "an act for 
the relief of soldiers, seamen, and marines, approved March 4, 1865, 
Which was referred to the select committee on that subject. 

Mr. Cobb asked and obtained leave to offer the following 
resolution : 

Resolved, That no Senator shall hereafter be granted leave of 
absence, during the present session, unless on account of sickness of 
himself or some member of his family, 

Which resolution was adopted. 

I REPORTS FROM STANDING COMMITTEES. 

i '' 

Mr. Chapman, from the Committee on Finance, made the following 
report : 

Mr. President: 

j! The Committee on Finance, to whom was referred Senate bill No. 
273, legalizing the action of the St.Tte Board of Equalization at its 
session in 1864, and declaring the duty of the Auditor of State in 
relation thereto, have instructed me to report the same back without 
amendment, and recommend its passage. 
Which report was concurred in. 

I Senate bill No. 273 was read a second time and passed to a third 
reading. 

II Mr. Cullen, from the Committee on Canals and Internal Improve- 
ments, made the following report : 

Mr. President: 

I The Committee on Canals and Internal Improvements, to whom 
was referred Senate bill No. 107, an act authorizing certain persons 
therein named to dig and construct a certain canal, have had the 
same under consideration, and direct me to report the same back to 
the Senate with the recommendation that the bill pass. 
Which report was concurred in. 

Senate bill No. 107 was read a second time and passed to a third 
' reading. 



318 

Mr. Beeson, from the Committeo on Finance, made the following 
report : 

Mr. Pre.^ident: 

The Committee on Finance, to whom was referred Mouse bill No. 
212, entitled " an act to legalize the appraisement of real estate 
made under the provisions of the act entitled ' an act to provide for 
the apportionment of real estate, and prescribing the duties of officers 
it! relation thereto,' " approved December 21, 1858, have had the 
same under consideration, and direct me to report the same back to 
the Sen;ite, with the recommendation that it pass. 

Which report was concurred in. 

Senate bill No. 212 was read a second time and passed to a third 
reading. 

Mr. Woods, from the Committee on Temperance, made the follow- 
ing report : 

Mr. Prksident : 

The Committee on Temperance, to whom was referred House bill 
No. 3i>, a bill to amend the 8th section of an act entitled " an act to 
regulate and license the sale of spirituous, vinous, malt, and other 
intoxicating liquors, to prohibit the adulteration of liquors, to repeal 
all former laws contravening the provisions of this act, and prescribing 
penalties for the violation thereof," approved March 5, 1850, have 
had the same under consideration, and request me to report the same 
back and recommend its passage. 

Which report was concurred in. 

House bill No. 39 was read a second time and passed to a third 

reading. 

Mr. Bennett asked and olitained leave to record his vote on Hoaao 
Joint Resolution No. 1. 
Mr. Btnuett voted aye. 

Mr. Wiight, from the Committee on Road.'*, made the following 
report : 

Mil. President: 

The Committee on Roads, to whom was referred Senate bill No. 



319 

247, entitled " an act authorizing plank, macadamized, and gravel 
road companies to enter upon adjacent lands and appropriate and 
remove earth, stone, timber and gravel, for the construction of their 
roads and matters properly connected therewith, and declaring' acr 
emergency," have had the same under consideration, and have ii>- 
structed me to report the same back anil recommend its passaf^e. 
Which report uas concurred in. 

Senate bill No. 247 was read a second time and passed to a third 
reading. 

Mr Beeson, from the Committee on Canals and Internal Improve- 
ments, made the following report : 

Mr. President : 

The Committee on Canals and Internal Improvements, to whom 
was referred House bill No. 75, entitled "a bill to empower railroads 
to construct branches to neighboring coal mines,'' have had the same 
under consideration, and direct me to report the same back to the 
Senate and recommend its passac^e. 

Which report was concurred in. 

Senate bill No. 75 w;is read a second time and passed to a third 
reading, 

Mr. Reagan, fiom the Comn.ittee on Corporations, made the fol- 
lowing report : 

Mr. Pkksiden't : 

The Committee on Corporations, to whom was referred House bill 
No. 82, a bill concerning the creating of corporations for the pur- 
pose of maintaining High Schools within the State, and giving the 
requisite powers to such corporations, have had the same under con- 
sideration, and have directed me to report the same back to the Sen- 
ate, with the recommendation that it pass. 

Which report was concurred in. 

House bill No. 82 was read a second time aad passed to a third 
reading. 



320 

Mr. Hyatt, from tne Committee on Corporations, made the follow- 
ing report: 

Mr. Trestdent : 

The Committee on Corporations, to whom was referred Senate bill 
No. 283, a bill to authorize the Common Council of any of the towns 
^n this State to appoint a town attorney, and providing compensation 
therefor, have had the same under consideration, and have directed 
m'e to report the same back withx}ut amendment, and recommend its 
passage. 

Which report was 'concurred in. 

Senate bill No. 283 was read a second time and passed to a third 
'reading. 

Senate bill No. 212. An act to amend section 23 of an act enti- 
tled " an act for the incorporation of Insurance Companies, defining 
their powers, and prescribing their duties," approved June 17, 1852, 

Was read a third time. 

Mr. 'Cullen moved the previous question, 
Whicli was seconded. 

The question being, shall the main question be now put? 
It Tvas so ordered. 

The question being on the passage of the bill, 
Sha'U the bill pass t 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bowman, Bradley, Brown of 
Hamilton, Cason, Chapman, Cobb, Cullen, Davis, Downey, Dykes, 
English, Finch, Gifford, Milliken, Newlin, Niles, Noyes, Oyler, Rea- 
gan, Richmond, Terry, Thompson, Vawter, Ward, Woods and Mr. 
President— 29. 

Those who voted in the negative were, 

Messrs. Barker, Brown of Wells, Corbin, Culver, Fuller, Hord, 
Hyatt, .Jinkens, Marshall, McClurg, Mason, Moore, Staggs, Wil- 
lisams, and Wright — 15. 

•So the bill passed. 



321 

"The question being, sliall tlie title of the bill stand as vead ? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

Mr. Reagan- from the Committee on Corporations, made the fol- 
lowing report : 

Mr. President : 

The Committee on Corporations, to whom was referred House bill 
Ko. "88, a bill to authorize high schools, academies, colleges, univer- 
sities, theological institutions and missionary boards, formed under 
the general laws of this State, to change their corporate names, have 
had the same under consideration, and have directed me to report the 
same back to the Senate and recommend its passage. 

Which report was concurred in. 

House bill No. 88 was read a second tisae and passed to a third 
reading. 

Mr, Ward, from the Comtnittee on Corporations, made the follow- 
ing report : 

Mr. President: 

The Committee on Corporations, to whom Avas refel*red House bill 
No. 106, a bill authorizing the construction of warehouses, for the 
inspection, storage and sale of tobacco, have had the same under 
Hjonsideration, and have directed me to report it back to the Senate 
and recommend its passage. 

Which report was concurred in. 

House bill No. 106 was read a third time. 

Mr. Ward, from the Committee on Corporations, made the follow^ 

ing report : 

Mr. President : 

The Committee on Corporations, to whom was referred House bill 
iSIo. 149, a bill to enable the board of directors of any incorporated 
turnpike company to change the time of holding the election of 
S. J.— 21 



322 

directors, have had the same under consideration, and have directed 
me to report it back without amendment, and recommend its passage. 
Which report was concurred in. 

Senate bill No. 149 was read a second time and passed to a third 
reading. 

Mr. Mason moved to suspend the previous order, and take up 
House bill No. 177. 
Which was agreed to. 

Engrossed House bill No. 177. An act to amend section 143 of 
an act entitled " an act amendatory of an act to provide for the pub* 
lication of delinquent taxes,'' approved May 31, 18G1. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those Avho voted in the affirmative wcre^ 

Messrs. Allison, Bennett, Bowman, Brown of Hamilton, Browu 
of Wells, Chapman, Corbin, Cullen, Culver, Douglas, English, Gilford, 
Hvatt, McClurg, Mason, Moore, Newlin, Niles, Oyler, Richmond^ 
Thompson, Woods, Wright and Mr. President — 24. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Bradley, Cobb, Davis, Downey, Dykes, 
Finch, Fuller, Jinkens, Marshall, Milliken, Noyes, Reagan, Staggs, 
Terry, Vawter, Ward and Williams — 19. 

So the bill did not pass, for want of a constitutional majority. 

Mr. Downey moved to suspend the previous order, 
Which was agreed to. 

Mr. Downey moved to take up Senate bill No. 156. 
Which was agreed to. 

Engrossed Senate bill No. 156. An act to amend the 14th seetioB 
of an act entitled " an act to limit the number of grand jurors, and 
to point out the manner of their selection, defining their jurisdiction 



323 

and repealing all laws inconsistent therewith," approved March 4, 
1852, and to change the forms of the oath of grand jurors. 
Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Bradley. 
Brown of Hamilton, Chapman, Cobb, Corbin, Culver, Davis, Douglas. 
Downey, Dykes, English, Finch, Fuller, Giiford, Hyatt, Jinkens, 
Marshall, McClurg, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, Terry, Thompson, Ward, Woods and Mr. President 
—36. 

Those who voted in the negative were, 

Messrs. Brown of W^ells, Cullen, Mason, Moore, Vawter and 
Wright— 6. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 
Mr. Downey asked and obtained leave to introduce 

Senate bill No. 300. An act to amend the 5th section of an act 
entitled '* an act previding for the organization of Circuit Courts, the 
election of Judges thereof, and defining their powers and duties," 
approved June 1, 1852. 

Wliich was read a first time and passed to a second reading. 

Message from the House, by Mr. Nixon, their Clerk : 

Mr. President: 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following engrossed bill thereof: 

Engrossed House bill No. 125. A bill to amend section 1 and 2 
of an act entitled " an act to provide) for the relocation of county 



824 I 

I 

I 

seats, and for the erection of public buildings in counties in case of ' 
such relocation/' approved March 2, 1855. ■ 

The question recurring on Senate bill No. 300, ' 

Mr. Oyler moved to suspend the rules, and read the bill a second j 
time now. j 

Those who voted in the aflBrmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Brown of Hamilton, j 
Chapman, Cobb, Corbin, Cullen, Culver, Davis, Douglas, Downey, ! 
Dykes, Finch, Fuller, Gifford, Hord, Hyatt, Jinkens, Marshall, 
McClurg, Mason, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, Terry, Thompson, Ward, Woods and Mr. Presi- 
dent — 86. 

Those who voted in the negative were, 

Messrs. Brown of Wells, Moore and Vawter — 3. 

So the rules were suspended. 

Senate bill No. 300 was read a second time and passed to a third 
reading. 

Mr. Noyes moved to take up House bill No. 106. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Cobb, Corbin, Cullen, Culver, 
Davis, Douglas, Downey, Dykes, English, Finch, Fuller, Gifford, 
Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken, Moore, 
Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry 
Thompson, Vawter, Ward, Williams^ Woods, Wright and Mr. 
President — 43. . 

None voting in the negative. | 

So the bill passed. 



325 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Cobb moved to request the Judiciary Committee to return 
House bill No. 47 immediately. 
Which was agreed to. 

Pending which, 
Mr. A^awter asked and obtained leave to offer the followin<i : 

Resoloed, That the Governor and Auditor of State be and are 
hereby requested to inform the Senate : 1st, How many war loan 
bonds have been issued ; 2d, Who are the holders of said bonds ; 
3d, What conditions, if any are contained in said bond ; 4th, At what 
rate said bonds were sold; 5th, Whether the Federal Government at 
any time assumed the indebtedness incurred by the State of Indiana 
in providing supplies and men to said government in putting down 
the present rebellion ; and if so, whether the money so paid, or secu- 
rities so given in such assumption, did enure to the benefit of the 
holders of bonds issued under the provisions of an act making addi- 
tional provisions for the payment of the loan of two millions of dol- 
lars authorized by the act of the General Assembly, approved May 
13, 1861 ; and if not, why the provisions of the 3d section of said act 
was not complied with. 

Which resolution was adopted. 

House bill No 47 was read a third time. 

Mr. Bradley offered the following amendment : 

Amend so as to strike out all that portion of the bill which author- 
izes the Sinking Fund Commissioners to loan said sinking fund. 

Mr. Cullen moved to lay the amendment on the table. 

Messrs, Cullen and Bradley demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Brown of Wells, Cobb, Corbin, Cullen^ 
€ulver, Douglas, Downey, English, Finch, Gifford, Hanna, Hord,. 



326 

Jinkens, Marshall, McClurg, Mascn, Moore, Newlin, Oyler, Richmond, 
Staggs, Vawter, Wright and Mr. President — 26. 

Those who voted in the negative were, 

Messrs. Allison, Becson, Bowman, Bradley, Brown of Hamilton, 
Gason, Davis, Dykes, Hyatt, Milliken, Niles, Noyes, Reagan, Terry, 
Thompson, Ward, Williamson and Woods — 1 8. 

So the amendment lies on the table. 

The question recurs on the passage of House bill No. 47, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Bennett, Brown of Wells, Chapman, Cobb, Corbin, Cullen, 
Douglas, Downey, English, Finch, Giflford, Hanna, Hord, Jinkens, 
Marshall, McClurg, Mason, Milliken, Moore, Newlin, Niles, Oyler, 
Reagan, Richmond, Staggs, Vawter, Ward, Wright and Mr. Presi- 
dent— 29. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Hamilton, Cason, Culver, Davis, Dykes, Hyatt, Noyes, Terry, 
Thompson, Williams and Woods — 16. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

On motion of Mr. Bradley, 
The Senate adjourned. 



327 



2 CLOCE P. M. 

The Senate met. 

Mr. Bennett asked and obtained leave to introduce 

Senate Joint Resolution No. 22. A Joiat Resolution declaring' in 
what manner the acts of the present session of the General Assembly 
shall be published and circulated in the various counties, in order to 
cause the same to take effect. 

AVhich was read a first time, and passed to a second reading. 

Mr. Bradley moved to suspend the previous order, and take up 
House bill, No. 125, 
Which was agreed ta. 

Engrossed House, bill No. 125, entitled an act to amend sections 
one and two of an act entitled "an act to provide for the relocation 
of county seats, and for the erection of public buildings in counties 
in case of such relocation," approved March 2, 1855. 

Was read a first time, and passed to a second reading. 

Mr. Bradley moved to suspend the rules, and read the bill a second 
time now. 

The question being on the suspension of the rules, 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bowman, Bradley, Brown of 
Hamilton, Cason, Chapman, Cobb, CuUen, Davis, Douglas, Downey, 
Fuller, Gifford, McClurg, Mason, Milliken, Niles, Noyes, Oyler, 
Eeagan, Richmond, Staggs, Thompson, Ward, Wright and Mr, 
iPresident— 28. 

Those who voted in the negative were, 

Messrs. Barker, Corbin, English, Hyatt, Jinkens, Moore, Terry, 
Vawter and Williams — 9. 

So the rules were not suspended. 



328 

Mr. Cobb moved a call of the Senate^ 
Which was agreed to. 

Those who answered to the call of their names were^ 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Bradley^ 
Brown of Hamilton, Brown of Wells, Cason, Chapman, Cobb, Cor- 
bin, Cullen, Culver, Davis, Douglas, Downey, Dykes, English, Finch,. 
Fuller, Gifford, Hamia, Hord, Hyatt, Jinkens, McClurg, Mason, 
Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond^ 
Staggs, Terry, Thompson, Vawter, Williams, Woods, Wright and 
Mr. President — 44. 

Mr. Cobb moved that absentees be sent for, 
Which was agreed to. 

Mr. Douglas moved that the Senate adjourn for one hour, 
Which was not agreed to. 

Mr. Cobb moved to dispense with the further call of the roll, 
Which was agreed to. 

House bill No. 47. A bill to increase the powers of the Board of 
Sinking Fund Commissioners, and to authorize said Board to loan 
any moneys belonging to said Fund, in Indiana State Bonds or stocks,, 
and the reissuing of new non-negotiable bonds, or stocks payable to. 
said fund. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Bennett, Brown of Wells, Chapman, Cobb, Corbin, Cullen,, 
Culver, Douglas, Downey, English, Finch, Fuller, Gifford, Hanna,. 
Hord, Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Newlin, 
Niles, Oyler, Reagan, Richmond, Staggs, Vawter, Ward, Wright and. 
Mr. President — 31. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown oF 
Hamilton, Cason, Davis, Dykes, Hyatt^ Noyes, Terry, Thompson, 
Williams and Woods — 15. 

So the bill passed. 



329 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Williams asked and obtained leave ta introduce the following 
resolution. 

Whereas, The Doorkeeper has reported to this Senate that the 
sofas belonging to the Senate, cannot be found about the State 
House ; therefore, 

Resolved, That the Doorkeeper is hereby authorized to make 
further search for them, not confining himself to the limits of the 
State House entirely. 

Which resolution yras adopted, 

Mr. Richmond, from the Committee on County and Township 
Business made the following report : 

Mr. President : 

Tlie Comm.ittee on County and Township business, to whom was 
referred Senate bill No. 278, entitled an act to amend section 35 
of an act entitled " an act to provide for the valuation and assess- 
ment of the real and personal property, and the collee-tion of taxes- 
in the State of Indiana, for the election of Township Assessors, and 
prescribing the duties of Assessors and Appraisers of real and per- 
sonal p^roperty, County Treasurers and Auditors, and of the Treas- 
urer and Auditor of State,'' approved June 21st, 1852, and providing 
when the same shall take effect, have had the same under considera- 
tion, and have directed me to report the bill back to the Senate, and: 
recommend its passage. 

Which report was concurred in. 

Senate bill No. 278 was read a second time and passed to a thircl 
reading. 

Mr. Cobb moved to suspend the previous order. 
Which was agreed to. 

Mr. Cobb moved to take up House bill No. 138. 
Which was agreed to. 



330 

Mr. C-iilver, from th^e Committee on Corporations, made the fol- 
lowing report : 

Mr. President: 

Senate bill No. 282, a bill providing for the employment of watch- 
men in any of the cities of this State, and providing for their payment, 
which was referred to the Committee on Corporations, have instructed 
me to report the bill back and recommend its passage. 

Which report was concurred in. 

Pending the consideration of House bill No. 158, 

On motion by Mr. Corbin, 
The Senate adjourned for one hour at 3 o'clock p. m. 



4 o'clock, r. ji. 

The Senate met. 

Mr. Vart'ter moved a call of the Senate. 
Which was agreed to. 

Those who answered to the call of their names were, 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Cason, Chapman, Cobb, 
€orbin, Cullen, Culver, Davis, Douglas, Downey, Dunning, Dykes, 
En<^lish, Finch, Fuller, Gilford, Hanna, Hyatt, Jinkens, McClurg, 
Mason, Milliken, Moore, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Thompson, Vawter, Ward, Williams, Woods and Wright — 42. 

Mr. Bennett moved to dispense with the further call of the Senate, 
Which was agreed to. 

The hour having arrived for the special order, 

The Senate proceeded to the consideration of Senate bill No. 15. 



331 

Mr. Chapman moved to postpone the further consideration of the 
bill until Wednesday next, at 9 o'clock. 

Mr. English moved to amend, by making it the special order for 
to-morrow morning, at 9| o'clock. 
Which was accepted and agreed to. 

The question recurs on the consideration of House bill No. 158. 

The question being on concurring in the amendments proposed in 
the report of the Committee, 

Mr. Vawter moved to strike out the first and sixth sections. 

Messrs. Vawter and Noyes demanded the ayes and noes. 

Pending the call, 

On motion by Mr. Williams, 
The Senate adjourned. 



SATURDAY MORNING, 9 o'clock, \ 
December 9, 1865. j 



The Senate met. 



The Assistant Secretary proceeded to read the journal, when, 

On motion by Mr. Oyler, 
The further reading was dispensed with. 

Mr. Chapman moved to suspend the previous order, and take up 
Senate bill No. 292. 
Which was agreed to. 

Senate bill No. 292 was taken up, read by title, and, 

On motion by Mr. Chapman, 
Referred to the special committee on the subject of the State debt* 



332 I 

Mr. Oyler moved to suspend the previous order, and take up 
Senate bill No. 300. 
Which was agreed to. 

Engrossed Senate bill No. 300. An act to amend the 5th section 
of an act entitled "an act providing for the organization of Circuit 
Courts, the election of Judges thereof, and defining their powers and 
duties," approved June 1, 1852. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bonham, Bowman, Bradley, 
Brown of Hamilton, Cason, Chapman, Cobb, Corbin, Culver, Davis, 
Douglas, Downey, Dykes, English, Finch, Fuller, Gifford, Hanna, 
Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken, Newlin, 
Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Ward, 
Woods, Wright and Mr. President — 40. 

Those who voted in the negative were, 

Messrs. Brown of Wells, Cullen, Moore, Vawter and Williams — 5. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Cason moved to suspend the previous order, and take up 
Senate bill No. 289. 
W'hich was agreed to. 

Senate bill No. 289. An act to provide for the acknowledgement 
of the execution of official bonds, and to declare the effect and obli- 
f'ations of such bonds as between the obligors and the State. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 



333 • 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bonhain, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Cason, Chapman, Cobb, 
Corbin, CuUen, Culver, Davis, Douglas, Downey, Dykes, English, 
Finch, Fuller, GiflFord, Hanna, Hord, Hyatt, Jinkens, Marshall, 
McClurg, Mason, Milliken, Moore, Noyes, Reagan, Richmond', 
Staggs, Terry, Thompson, Vawter, Ward, Williams, Woods, Wright 
and Mr. President — 44. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the Mil stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

The hour having arrived for the special order, 

The Senate proceeded to the consideration of Senate bill No. 15. 

Engrossed House amendments to Seno.te bill No. 1 -') were taken up, 

The pending question being on the adoption of the two first amend- 
ments to the first section, 

Messrs. Chapman and Noyes demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Bowman, Cason, Cobb, Cullen, Culver, Don-ney, 
English, Gifford, Hanna, Hyatt, Jinkens, Marshall, Mason, Staggs. 
Thompson, Vawter, Ward, Wright and Mr. President— 20. 

Those who voted in the negative w-ere, 

Messrs. Barker, Beeson, Bonham, Brown of Hamilton, Brown of 
Wells, Chapman, Corbin, Davis, Douglas, Dykes, Finch, Fuller, Hord, 
Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond! 
Terry and Woods— 23. 

Mr. Williams paired with Mr. Bradley. 

So the amendments were not concurred in. 



334 

The question being on concurring in the fourth amendment to the 
1 St section, which reads as follows : 

Amend section 1, by striking out all after the word "corporation," 
in line 27, and insert in lieu thereof, " amended section 14." 

Messrs. Allison and Noyes demanded the ayes and noes. 
Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bonham, Bowman, Brown of Hamilton, 
Cason, Cobb, Corbin, CuUen, Culver, Davis, Douglas, Downey, Dykes, 
English, Finch, Fuller, Gifford, Hanna, Hyatt, Jinkens, Marshall, 
Mason, Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Rich- 
mond, Staggs, Terry, Thompson, Vawter, Ward, Woods, Wright and 
Mr. President — 39. 

Those who voted in the negative were, 

Messrs. Barker and Chapman— 2. 

Mr. Williams paired with Mr. Bradley. •; 

So the amendment was concurred in. 

The question being on the following amendment to section 3, viz : 

To further amend section 3, by adding after the Avord "county," in 
line 50, the following: "And in each county named in this bill." 
It vras concurred in. 

The question being on concurring in the 18th amendment, 
which reads as follows : 

Amend section 9, by adding after the word "report," in line 144, 
the following : 

"Separating said claims into the following classes : 1st, Claims for 
property taken, destroyed or injured by the rebels ; 2d, Claims for 
property taken, destroyed or injured by the Union forces under 
command of Federal officers ; 3d, Claims for property taken, destroyed 
or injured by Union forces not under command of United States 
officers, with a statement showing specifically, in each case, under 



f. 335 

what circumstances, and by what authoritj such property was sc- 
taken, injured o? destroyed."' 

Messrs. Allison and Vawter demanded the ayes and noes : 

Those who voted in the aflBrmatiye were, 

Messrs. Allison, Bonham, Bowman, Cobb, Cullen, Culver, Downey 
Dykes, English, FuMer Gifford, Ilanna, Hyatt Jinkens, Marshall' 
Mason, Oyler, Staggs, Thompson, Vawter, Ward, Wright, and Mr, 
President — 23. 

I Those who voted in the negative were, 

Messrs. Barker, Beeson, Brown of Hamikon, Brown of Wells, 
Chapman, Corbin, Davis Douglas, Fineh, Milligan, Moore, Newlin^ 
Niles, Noyes, Regan, Richmond, Terry, and Woods— 18. 

So the amendment was concurred in. 

The question being on concurring in the 22d amendment, 
which reads as follows, viz : 

Amend section 10, by striking out the word '-eight," and inserting. 
'*six. ' "^ 

Messrs. Vawter and Allison demanded the ayes and noes. 

Those who voted in the afhrmative were, 

Messrs. Barker, Beeson, Bonham, Bowman, Bi'own of Hamilton.. 
Brown of Wells, Cobb, Cullen, English, Fineh, Fuller, GifTord, Hanna. 
Hyatt, Jinkens, Marshall, Moore, Newlin, Noyes, Reagan, Richmond'. 
Staggs, Terry, Vawter, Ward, Woods, and Wright— 27. 

Those who voted in the negative were 

Messrs. Allison, Chapman, Corbin, Culver, Davis, Douglas, Dow- 
ney, Dykes, Mason, Milligan, Niles, Thompson and Mr. President— 13, 
So the amendment was concurred in. 

All the other engrossed amendments of the House were rejected. 

Mr. Brown of Wells, moved to appoint a committee of Conference 
to confer with a similar committee on the part of the House upon 
the bill. 

The President decided the motion out of order. 



336 

Mr. Cobb moved to make House bill No. 158 tlie special order fof 
Monday next at 2 o'clock, and have 200 copies of the bill and the 
amendments proposed by the committee, printed. 

Which was agreed to. 

Mr. Brown of Wells, asked and obtained leave to offer the follow- 
ing concurrent resolution : 

Whereas, We believe that a truly republican government is only 
rightly administered when its burthens are imposed equally and 
without distinction as to citizens, power or oflEicial position, and. 

Whereas, We believe the fostering of privileged classes, whether such 
classes be based upon wealth, official position or any like distinc- 
tion whatsoever, is inimical to the spirit and genious of our gov- 
ernment, and, 

Whereas, We do especial^Iy deem the creation of a monied aristoc- 
racy as a sure stride toward a centralized and despotic form of 
government, and, 

Whereas, We believe ike legislation of Congress in exempting the 
bonds, coupons, national currency. United States notes, checks 
for money of authorized officers of the United States, certificates 
of deposit, stamps and other representations of value of whatever 
denomination which have been or may be issued tinder any act of 
Congress tends to create and impose upon our country the evils 
above deprecated, therefore. 

Resolved, By the Senate, the House concurring, that we hereby 
instruct our Senators and request our Representatives in Congress 
to labor for the immediate repeal of all laws or parts of laws granting 
the exemption aforesaid. 

Resolved, That a copy of the above preamble and resolution, over 
the signatures of the President of the Senate, the Speaker of the 
House, the principal Secretary of the Senate and the principal Clerk 
of the House, be communicated to our said Senators and Represen- 
tatives. 

Which on motion by Mr. Oyler was referred to the select Commit- 
tee on that subject. 

Mr. Brown of Wells, asked and obtained leave to introduce 
■Senate Joint Resolution No. 23, ^' entitled a Joint Resolution for 



337 

the amendment of section 9, article 4, of the Constitution, so as to 
provide for annual sessions of the Legislature. 

Which was read a first time and passed to a second reading. 

Mr. Stages asked and obtained leave of absence until Monday 
Eext, at 2 o'clock, P. M. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Cullen asked and obtained leave to make the following report 
from a select committee : 

Mr. President : 

The select committee to whom was referred Senate bill No. 293, 
entitled "an act to provide for the periodic enumeration of the white 
male inhabitants of this State, over the age of twenty-one years, to 
prescribe the duties and fix the compensation of officers in relation 
thereto, and also to prescribe the penalties for the violation of official 
•duty in connection with said enumeration, as well as the manner in 
which, and the Courts by which, said penalties shall be enforced," 
have had the same under consideration, and direct me to report the 
same back to the Senate, without amendment, and recommend its 
passage. 

Which report was concurred in. 

Mr. Vawter moved that when the Senate adjourn, it be until Mon- 
day next at 2 o'clock, P. M. 

Messrs. Yawter and Noyes demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Wells, Cason, 
€obb, Corbin, Culver, English, Finch, Jinkens, Mason, Moore, New- 
lin, Reagan, Terry, Vawter, Ward and Woods — 19. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Cason, Chapman, Cullen, Douglas, 
Djkes, Gilford, Hanna, Marshall, Milliken, Niles, Noyes, Oyler 
Richmond, Williams, Wright and Mr. President — 18. 

So the motion was agreed to. 

Senate bill No. 293 was then read a second time and passed to a 
third reading. 

S. J.— 22 



3S8 

Mr, Riclnnond, from the Committee on County and ToTrnsfiij? 
Ikisiness, made the following report: 

Mu. President : 

The Committee on County and Township Business, to whom ^vai? 
referred Senate resolution No. 15, introduced by the Senator from 
Ohio, directing, said Committee to inquire vrhat legislation, if any,. 
is necessary Avith reference to the safe keeping of the public build- 
irigs, &c., of counties, and to report by bill, or otherwise, have had 
the same under consideration, and have directed me to report the 
I'oiloAving bill in relation to the matters set forth in the resolution 
:■! foresaid, and recommend its passage by the Senate, 

tYhich report was concurred in. 

Senate bill No. 301. An act with reference to public buildings 
of counties and the grounds belonging thereto, and prescribing the 
daties of county boards and sheriffs in reference to the same. 

Was read a first time, and passed to a second reading. 

^Ir. Kichmond offered the following : 

The State of Indiana, to Charles C. Campbell, late Sheriff c-f 
Blarion county, Indiana, Dr. 

For money expended in arresting James Dillman, in 1852, ^'83 00 
For money expended in arresting Peter McCarty, in 1852^ 69 00 
For money expended in arresting Ilarvcy Moon, in 1852, 45 0^ 

Total, . V... ^197 00 



• S' 



State of Indiaka, ) 

Marion Countv, j ''"' 

I, Charles C. Campbell, late Sheriff 
of Marion county, Indiana, do solemnly swear that the money was 
expended as above charged, and ?hat the amount remains wholy unpaid,, 
and still due me. 

C. C. CAMPBELL. 

f-o -, Subscribed an<l sworn to before me, this 4th day of 
[bEAL.J December, 1865. 

^^ , T t> 1 SAMUEL II. EUCKNER. 

[5 cents I. R.J j^r^^^^^ p^^g^.^. 

Which, on motion;, was referred to the Committee on Claims, 



339 

Mr, Oylcr, from the Committee on the Organization of Courts, 
made the following report: 

Mi;. PllESCDENT : 

The Committee on the Organization of Courts, to whom was 
referred House bill No. 210, entitled " a bill to fix the time of holding 
the Court of Common Pleas in the count}' of Grant, and repealing 
all law3 in conflict therewith," have had the same under advisement, 
and having duly considered the same, have instructed me to report 
the same back to the Senate, without amendment, and recommend its 
passage. 

Which report was not concurred in. 

Senate bill No. 210 was read a second time, and passed to a third 
reading. 

Mr. Vawter, from the Select Com.raittee on House bill No. 270, 
made the following report : 

Mr. Allison moved to lay the report and bill on the table. 
Which was agreed to. 

Mr. Oyler, from the Committee on the Organization of Courts, 
made the following report : 

Mr. President : 

The Committee on the Organization of Courts, to Avhom was 
referred Senate bill No. 276, offered by Senator Bonham, entitled 
an act to amend section 2(5 of an act entitled "'an act providing for 
the election and qualification of Justices of the Peace, and defining 
their jurisdiction, powers and duties in civil cases, have had the same 
under advisement;^ and having duly considered the same, have 
instructed me to report the same back to the Senate, without amend- 
ment, and recommend its passage. 

Which report was concurred in. 

Senate bill 2^o. 276 was read a second time, and passed to a third 
reading. ' 



340 

Mr. Cobb, from the Committee on the State Library, made the 
followiDg report : 

Mr. President: 

The Committee on State Library, to whom was referred Senate 
bill No. 281, a bill to amend an act entitled " an act to fix the amount 
of the salary of the State Librarian, and repealing all laws conflict- 
ing therewith, and to dispense with an Assistant Librarian and Clerk," 
approved March 4, 1859, have had the same under consideration, and 
have instructed me to report the same back and recommend its 
passage. 

Which report was concurred in. 

Senate bill No. 281 was read a second time and passed to a third 
reading. 

Mr. Cobb introduced -' 

Senate bill No. 302, entitled an act to amend sections 39, 42, 45 
and 54, of an act entitled " an act for the incorporation of Insurance 
Companies, defining their powers, and prescribing their duties,"' 
approved June 17, 1852. 

Which was read a first time and passed to a second reading. 

Mr. Douglas introduced 

Senate bill No. 303. An act to legalize and declare valid and 
efi'ectual all the orders, judgments, and other proceedings, made, 
rendered and had, by and before the Court of Common Pleas of 
Whitley county, in this State, held in the Court House of said 
county, in the month of March, in the year one thousand eight hun- 
dred and sixty-five, then and there, before the regular Judge of said 
courts. 

Which was read a first time and passed to a second reading. 

Mr. Douglas introduced the following resolution : 

Resolved, That James G. Bryant be, and is hereby allowed, the 
sum of six dollars and fifty cents for one copy of Cushing's Parlia- 
mentary Law, (large edition), furnished for the use of the President 
of the Senate, at the regular session of the Senate for the year 1865, 



341 

t 

and that the Auditor of State be directed to issue his %yarran 

therefor, payable out of the Legislative Fund. 

Mr. Douglas moved to refer the resolution to the Committee on 
Claims. 

Which was agreed to. 

Mr. Niles introduced an account from the Indianapolis Gas-light 
and Coke Company of $65.70. 

Which Avas referred to the Committee on Claims. 

On motion by Mr. Gifford, 
The Senate adjourned. 



MONDAY AFTERNOON, 2 o'clock, \ 
December 11, 1865. / 



The Senate met. 



The Assistant Secretary of the Senate proceeded to read the 
journal, when, 

On motion by Mr. Gilford, 
The further reading was dispensed with. 

The President laid before the Senate the following communication 
from the Adjutant General : 

Executive Department op Indiana, "l 

Adjutant General's Office, I 

Indianapolis, December 9, 1865. j 

To Hon. Paris C. Dunning, 

President of the Senate : 

Sir — I have the honor to acknowledge the receipt this day of a 
resolution passed by the Senate on the 6th instant, calling on me for 



342 

a report of expenditures from the appropriations made by the Leg- 
islature at the last session, for expenses of this office, said report to 
specify by whom the moneys \Yere drawn, and upon what particular 
account and service ; also, the probable amount necessary to be 
expended from the appropriations, for 1866, for expenses of this 
office during that year. 

In reply, the following is respectfully submitted : 

Appropriallom for expenses of Adjutant GeneraVs Office for 1865. 

For unfinished business $9,200 00 

For current business 12.000 00 

Total $21,200 00 

Amount drawn to this date 11,974 24 

Balance $9,225 76 

Amount required for payment of bills incurred in fitting 

up office, not yet audited, and clerk hire for Dec, 1865 1,672 60 

Leaves balance of appropriations for 1865 $7,553 16 

There was also appropriated for 1866, for current business 12,000 00 

Appropriations unexpended Jan. 1, 1866 S19,553 K^ 

The estimated amount required for expenses of the office for the 
year 1866 is $9,553 16. leaving the sum of $10,000 of the appro- 
priations to be applied to other objects. 

The accompanying list will show the amounts drawn, by whom, 
and for what service. In stating the accounts, it is impossible to 
separate the expenses incurred on account of unfinished and deferred 
business, from the expenses incurred on account of the ordinary and 
regular business — all being, in a great measure, necessarily blended 
together. 

The attention of the Senate is respectfully called to my report on 
this same subject, submitted to the House of Representatives a few 
days since, a copy of which is herewith presented and made part 
hereof. 

W. H. H. TERRELL, 
Adjutant General cf Indiana. 



34S 



Executive Dcpatit.mekt of iNarANA, '\ 

Adjutant Generai/s Office, I 

[udianapolis, Indiana, December 12, ]865o j 



Hgn. John U. Pkttit, 

Speaker of the House of Representatives : 

Sir — In compliance with a resolution of the House of Representa- 
tives, passed on the 28th ultimo, which reads as follows, to-wit : 

" Resolved, That the Adjutant General be reijuested to report to 
the House the amount unexpended of the appropriation made for his 
office at the last ref!;u]ar session of the General Assembl}' for the 
year 18(35, together with his estimate of the amount that will neces- 
sarily be required of the appropriations made fox the year ISGO. 
And that lie farther report the amount of the clerical force that will, 
in bis opinion, be necessary for tbe proper performance of the duties 
of his office for the year 1866, and a statement of the work remain- 
ing to be completed v,hich is not a part of the ordinary and regular 
l)usiness of the office." 

I have the honor to submit the following report: 
The appropriations made at the last regular session for the expenses 
of this office, were as follows : 

For 1865, to complete the unfinished and deferred work.. ??9,200 0;) 
For 1865, for the current work............ ... ....... 12,000 00 

Making n^2l,200 00 

The expenditures up to 31st Dec. next will amount to.. 13,646 84 

Leaving unexpended balance of.. o ...... ^7,553 l(s 

There was also appropriated for expenses for the year 

1866, for the current work ....§12,000 00 

Making, witl» unexpended balance, ...S19,553 16 

My estimate is that §9,553 16 will be sufficient for ihe expenses 
•of 1866, leaving of the appropriations to be applied to other objects, 
•I 1 0,00-0. 

The expenses dsring the present year have been increased some- 
what beyond my expectations at th'e time the appropriations were 
eaadcy Uecause of the absolute jaeces-?i4y of entirely refitting the office 



344 

with ncTV cases and furniiure, so as to secure a proper systematizatioD 
and arrangement of records and papers, without which business could 
only be done at great disadvantage, involving delay and an increase 
of expense. The amount thus expended is near $1,500, but when a 
comparison is made between the former arrangement and the present^ 
it is believed no just cause of complaint can be urged for making the 
change. 

A portion of the time during the present year, eleven clerks were 
employed, but the average number has been eight. The expense for 
derk hire, at the present time, is ^925 per month, and one messenger 
and porter at $35 per month. By the 1st of January next I hope to 
cQt along with six clerks, and within two or three months thereafter 
may be able to further reduce the force. But as the work yet to be 
done, in addition to the ordinary and regular business of the oflSce, 
is very considerable, and cannot be accomplished without the assist- 
ance of experienced clerks, it is impossible to state, with exactness, 
the reduction that may be made. 

As heretofore, I shall endeavor to keep the expenses of the ofiBce 
as loAV as the demands of the public service will allow. The business 
of the ofEce — that is to pay, the unfinished and deferred work, and 
the ordinary or regular work — is so blended together, that I cannot 
undertake to convey an idea of it, except as a whole. 

The records of the officers commissioned in the various organiza- 
tions of the State, are complete, and have all been transcribed and 
placed in the hands of the printer. Two large volumes will be 
required for this part of the report, which will contain the names of 
over 17,000 officers, and about 300 pages of historical matter. The 
first volume will be laid upon your desks in a day or two, or, as soon 
as the binding can be done. The other is being printed as fast as 
possible. The services of two persons are required in collecting facts 
and preparing the accompanying historical sketches, and in reading 
the proof sheets of the entire work. 

Many of the records of the non-commissioned officers and privates 
(altogether not less than two hundred and fifty thousand names), are 
defective, in not showing tohai became of the men. Probably there 
are thirty thousand cases of this kind, arising from the fact that no 
records of the early organizations, except the muster-in rolls, were 
filed in this office, and even all of these are not on file. Muster-out 
rolls, which account for each soldier, were not furnished prior to the 
month of April last. Through the courtesy of officers formerly coa- 



345 

nected with the organizations alluded to, the rolls of the offce have 
been perfected and increased largely during the year. 

It has been my aim to make these records full and complete, and 
to publish, as required by the resolution of your honorable body, 
passed last session, a faithful and accurate military history of each 
officer and soldier from this State during the whole time he may have 
been connected with the service. The missing data I hope to procure 
from the War Department, in time for insertion in regular order in 
the proper volumes of the Official Report. Up to this time, the 
labors devolving on the War Department have prevented the officers 
in charge from furnishing copies of records so extended as these. 
In the meantime, the records that are complete, are being arranged 
and transcribed for publication. 

In addition, I have in preparation, and will complete as soon as 
the regiments rcmaing in service are mustered out, a full report of 
all the facts and documents relating to recruiting and organizing 
troops, enrollments, quotas, credits and drafts, local bounties, relief 
to soldiers' families, organization and services of the Indiana Legion, 
services of Minute Men during the Morgan raid. State arras, expend- 
itures by the State on account of the war, list of deaths in rebel 
prisons, and of soldiers buried at Gettysburg, and on other battle- 
fields, the aggregate of troops raised, and of deaths, discharges for 
disability and desertions, with other valuable and interesting facts 
AYorthy of preservation. 

Many thousand soldiers have been discharged or mustered out at 
hospitals, or while absent from their commands, on detached service ; 
portions of regiments and companies have been discharged in detach- 
ments, by means of expiration of terms of service, and other por- 
tions have been assifjned and transferred to other regiments, to 
complete the terms of their enlistment. To keep trace of these 
classes of troops, and perfect their records, has been a work of no 
small magnitude and labor, but its importance must be apparent to 
every one. 

In adjusting every claim, it is not only necessary to produce offi- 
cial eviilence of the muster-in of the soldier, but it is also essential to 
show his military service and history — as for instance : the date and 
cause of death, discharge or muster-out, &c. When a regiment is 
discharged, evidence to procure pensions, back pay, &c., is furnished 
from this office ; while in the field it is given by the regimental and 
company commanders. Applications for evidence of this ebaracter 
from discharged soldiers and from the friends, relatives a»d repre- 



346 

seritatives of deceased soldiers, as well as from the pension office and 
Bureaus of the Treasury Department at Washington, are being made 
constantly, without any prospect of a decrease for months to come. 

From the work occasioned by the muster out of a single regiment, 
:i general idea may be formed of the labor required by the muster- 
out of eighty-six regiments and twenty-four batteries since the mid- 
dle of June last, A regiment usually requires about two hundred 
separate official certificates from the records of this office to enable 
the officers and men to draw their mileage, pay, bounties, &c. These 
can only be mride up from careful examination of the records and 
files, and frequently several days are required to complete them for 
a single regiment. 

The business appertaining to correspondence, personal inquiries, 
I'egiments in the field, keeping up records and other matters innu- 
merable comprising ^'the ordinary and regular work," has been con- 
stant and heavy and must so continue for a year at least. 

The final settlement of afi'airs connected with the Indiana Legion^ 
and the adjustments of accounts for arms received from the general 
government has required considerable time and labor and is only par- 
tially cor.-:pleted. These matters are of very great importance to the 
State, and cannot, with safc'ry. l)e postponed. 

Iniportair Itusioess relating to Indiana War Claims reiiaired my 
presence at Washington for about three weeks in Juno and July last, 
and one of my clerks was aLso there for about the same length of time 
attending U:> important business connected with the interests of 
Indiana troop-; belonging to General Shermari s Army. These trips 
of course retarded the business of the ofl'ice and increased its expenses. 

The adjustment of the War Claims of the State filed against the 
general government, amounting to over $2,000,000, has been intrusted 
by the Governor, to the Auditor of State and myself, and this duty 
x\\\\ probably require me to spend a portion of my time during the 
coming j^ear in Washington. 

For a more extended account of the transactions during the past 
year, and of the work remaining to be done, reference is hereby 
made to my communication, presented to the Legislature, with the 
Governor's Message, at the present session, a copy of which is hereto 
appefided. 

In conclusion, I respectfully suggest that the Military Committee 
of the House, in conjunction with the Military Committee of the Sen- 



347 

ate, or at least the Chairmen thereof, be directed to thoroughly exam- 
ine thig office, and make such recommendations as they may deem 
for the best interests of the public service. 

Respectfully submitted, 

W. II. II. TERRELL, 

Adjutant General Indiana. 



E.cpenditurcs from Fund approprid<'d for the Adjutant General's 
Office, for i'he year 1S65. 



By Whom Drawn. Service. | Amount. 

Solomon Beard ^Boarding Orderly (a soldier) ... $12 15 

L. B. Wilson Icierk, Jan., Feb. and March. ..j oOO 00 

Robert Ewald iClerk. Jan., Feb. an<l March...! 300 00 

L.M.Terrell Clerk, Jan., Feb. and March. ..| 300 00 

John G. Burrill 'Clerk, Jan., Feb. and March...! 300 00 

A. II. Brown ....'Clerk, ,'^'in., Feb. and March...' 450 00 

G. W.Dunn Clerk, Jan., Feb. and Marcdi...i 450 00 

Edward P. Howe Clerk, Jan., Feb. and March.. .^ 450 00 

W. H. H. Terrell In'dt'l cxp's, Jan. 1 to Ap'l ITi <iO 10 

A. II. Brown !Clerk, April i 150 00 

G. W. Dunn... Clerk, April ' 150 00 

Edward P. Howe |C!erk, April | 150 00 

Robert Ewald iClerk, April 100 00 

L. B. Wilson Clerk, April 75 00 

L. L. Burke icierk, March IG to April 30...^ 153 33 

John. G. Burrill , Clerk, April I 100 00 

L. M. Terrill jClerk, April j ]00 00 

John James., iMes'nger, Jan., Feb. and Marchi 75 00 

John James ....jMessenger April I i:5 00 

R. I. Morehead ...iExpenses visiting camps ' 40 50 

Edward P. Howe IClerk, May '. 150 00 

Edward P. Howe IExpenses to Washington 150 00 

Robert Ewald ICle'rk, May : 100 00 

A. H. Brown jClerk, May, 1865 : 150 00 

G. W. Dunn Clerk, May, 18(35 150 00 

L. M. Terrell IClerk, May, 18G5 100 00 

L. L. Burke iCIerk, May, 1865 100 00 

L. B. Wilson jClerk, May, 1865 ' 75 00 

John G. Burrill iCh-rk, May 1st to the 11th ; ' 36 65 

G. W. Joseph Icierk, May 9th to the 31st : 76 67 

John James iMessenger, May, 18t!5 i 25 00 

L. L. Burke iClerk, June, 1865 ' 300 00 

G. W. Josei)h jClerk, June, 1865 : 100 00 



348 



Exdendiiures from Fund appropriated for the Adjutant GeneraVs 
Office for the year 1865— Continued. 



■ By Whom Drawn. 



Service. 



Robert Ewald. 

W. II. H.Terrell. .. 

L. M. Terrell 

G. AY. Dunn 

Edward P. Howe .... 

A. II. Brown 

L. B. Wilson 

John James 

W. H. Gorham 

Edward P. Howe 

L. M. TerriU 

Hume, Adams & Co. 

G. W.Dunn 

L. B. Wilson 

G. W. Joseph 

J. M. Morton 

Robert Ewald 

Isaac P. Smith . 

John James 

A. H. Brown 

A. 11. Brown 

Edward P. Howe.... 
George W. Dunn .... 

Robert Ewald 

G. W. Joseph 

L. B. Wilson 

Isaac P. Smith 

L. M. Terrell 

John James 

W. H. H. Terrell... 
Edward P. Howe... 

A. II. Brown 

G.W.Dunn 

Robert Ewald 

G. W. Joseph 

Theo. F. Orner 

Theo. F. Orner 

Isaac P. Smith 

L. B. Wilson 

F. W. Morse 

L. M. Terrell 

John James 



Clerk, June, 1865 

Office expenses, April to July. 

Clerk, June, 1865 

Clerk, June, 1865 

Clerk, June, 1865 

Clerk, June, 1865 

Clerk, June, 1865 

Messenger, June, 1865 

Awnings for office windows.... 

Clerk, July, 1865 

Clerk, July, 1865 

Oil cloth for office 

Clerk, July, 1865 

Clerk, July, 1865 

Clerk, July, 1865 

Clerk, July, 1865 

Clerk, July, 1865 

Clerk, July, 1865 

Messenger, July, 1865 

Clerk, July, 1865 

Clerk, August, 1865 

Clerk, August, 1865 

Clerk, August, 1865 

Clerk, August, 1865 

IClerk, August, 1865 

IClerk, August, 1865 

jClerk, August, 1865 , 

iClerk, August, 1865 

! Messenger, &c 

Expenses of office 

iClerk, September, 1865 

jClerk, September, 1865 

iClerk, September, 1865.. 

iClerk, September, 1865 

Clerk, September, 1865 

Clerk, August, 1865 

Clerk, September, 1865 

Clerk, September, 1865 

Clerk, September, 1865 

Clerk, August, 1865 

Clerk, September, 1865 

Messenger, &c., Sept., 1865.... 



Amount. 



849 



Expenditures from Fund appropriated for the Adjutant General's 
Office for the year 1865 — Continued. 



By Whom Drawn. 



Levi Daniels 

W. 11. H.Terrell.. 

G. VV. Joseph 

Isaac P. Smith 

Edvvaril P. Howe.. 
.L. B. Wilson 

E. M. B. Hooker 
Theo. F Orner.... 

F. M. Morse 

L. M. Terrell 

A. H. Brown 

G. VV. Dutm 

John James 

W. A. Terrell.... 

Robert Ewald 

L. B. Wilson 

W. A. Terrell 

G. W. Joseph 

John James 

E M. B. Hooker 

Robert Ewald 

Theo. F. Orner... 
George W. Dunn 

F. W. Morse 

A. H. Brown 

Edward P. Howe. 
Isaac P. Smith.... 



Service. 



Cases for paper, painting, &c... 
Incidental expenses of office ... 

Clerk, October, 1865 

Clerk, October, 186.3 

Clerk, October, 1865 

Clerk, October, 1865 

Clerk, Sept. and Oct., 1865 

Clerk, October, 1865 

Clerk, October, 1865. 

Clerk, October, 18t;5.... 

Clerk, October, 186-') 

Clerk, October, 1«65 

Messenger, &c., October, 1865. 

Clerk, Sept. and Oct., 1865 

Clerk, October, 1865.... 

Clerk, October, 1865 

Clerk, November, 1865 I 

Clerk, November, 1865 i 

Messenger, &c., Nov'ber, 1865.| 

Clerk, November, 1865 [ 

Clerk, November, 1865.. i 

Clerk, November, 1865 ' 

Clerk, November, 1865 ' 

Clerk, November, 1865 | 

Clerk, November, 1865 j 

Clerk, November, 1865 j 

Clerk, November, 1865 \ 



Amount. 

$338 50 
100 00 
100 00 

75 00 
150 00 

75 00 
140 00 
100 00 
100 00 

66 65 
150 00 
150 00 

35 00 
112 50 
100 00 

75 00 

75 00 
100 00 

35 00 
100 00 

100 00 

100 00 
150 00 
100 00 
150 00 
150 00 
75 00 



$11,974 24 



Mr. Brown of Wells, moved to refer the communications to the 
Committee on Finance. 
Which was agreed to. 

The hour having arrived for the special order, 

The Senate proceeded to the consideration of House Bill No. 158. 

The question being on concurring in the amendments offered by 
Mr. Vawter. 

Mr. Cobb moved to lay the amendments on the table. 
Messrs. Vavrter and Noyes damended the ayes and noes. 



850 

Those wlio votd in the affirmative were, 

Messrs. Barker, Beeson, Bennett, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cobb, Corbin, Cullen, Davis, Douglas, 
Downey, Dunning, Dykes, English, Finch, Gifford, Ilanna, Herd, 
Jinkens, Marshall, Mason, Moore, Newlin, Niles, Oyler, Reagan, 
Piichraond, Staggs, Terry, Thompson and "Van Buskirk— >-33. 

Those who voted in the negative were, 

INIessre. Allison, Bonham, Cason, Chapman, Culver, Fuller, Noyes, 
Vawter, Ward and Woods — 10. ; 

So the amendments lie on the table. 

The question being on concurring in the report of the Committee. 
It was concurred in. 

Mr. Cobb moved that the amendments proposed by the Committee, 
and bill be considered as engrossed, and read a third time now. 
Which was agreed to. 

Mr. Hord moved to recommit the bill and report to the select com- 
mittee on that subject, with instructions. 

Pending which, 
i\Ir. Bennett moved the previous question, 
Which was seconded by the Senate. 

The question being, shall the main question be now put? 
It was so ordered. 

The question recurring on the motion to recommit. 
It was not agreed to. 

House bill No. 158, entitled. An act to secure a just valuation 
imd taxation of all railroad property within this State and to legalize 
the valuation, assessment, adjustment and payment of taxes for such 
property made subsequent to the year 1869. 

Was read a third time. '.L 

The question being on the passage of the bill, 
Shall the bill pass? 



i 

Those who voted in the affirmative were, 

Messrs. Barker Beeson Bennett, Bowman, Bradley, Brown of 
llamilton. Brown of Wells, Cobb, Corbin, Cullcn, Culver, Davis» 
Douglas, Dykes, English, Finch, Gifford, Ilanna, Marshall, Mason^ 
Moore, Newlin, Niles, Oyler, Reagan, Richmond, Staggp, Terry- 
Thompson and Mr. President — 30. 

•\ 

Those who voted in the negative were, 

Messrs. Allison, Bonham, Cason, Chapman, Downey, Fuller, Ilord^ 
■llnkens, Noyg, Van Buskirk, Tawter, Ward and Wright — lo. 
f, So the bill passed, 

i 

1 The question being, 
; Shall the title of the bill stand as read ? 
It was so ordered. 

■! Ordered, That tiie Secretary inform the Ilonse thereof. 

Mr. Brov/n of Wells, moved to take up House bill No. 123. 

i''.' - . 

;.;; Which was not agreed to. 

,■)• 

,1 

Message from the House by Mr. Nixon, their clerk< 

MxH. President : 

I am directed by the Speaker of the House of RepresonfAtives, tc 
inform, the Senate that he has signed the following erirullcd acts cf 
the House of Representatives, to-wit : 

Enrolled act No. 106. An act authorizing the construction of 
Warehouses, for the inspection, storage and srde of tobacco. 

Enrolled act No. 78. An act to provide for the sale ':'f certain 
lands belonging to the State of Indiana, in the counties of Jasper 
and Newton, and to give pre-emption to actual settlers thereon. 

To which said enrolled acts, the signature of the President of the 
Senate, is respectfull;^ requested. 

' Mr. Richmond, from the Committee on County and Township Busi- 

ness, made the following report : 

Mr. President : 

The Committee on County and Township Business, to whom wafi 



352 

referred House bill No. 124, entitled " An act regulating fees of 
officers, and repealing former acts in relation thereto," approved 
March 2d, 1855, have had the same under consideration, and have 
directed me to report the bill back to the Senate, with the recom- 
mendation that it do pass. 

Which report was concurred in. 

House bill No. 124 was read a second time and passed to a third 
reading. 

Mr. Van Buskirk, from the Committee on Education, made the 
following report : 

Mr. President : 

The Committee on Education, to v,^hom was referred House bill No. 
22, entitled " A bill to legalize the sales of certain school lands in 
Lake county," have had the same under consideration, and have 
instructed me to report it back to the Senate, without amendment, 
and recommend its passage. 

Which report v/as concurred in. 

House bill No. 22, was read a second time and passed to a third 
reading. 

Mr. Cullen asked and obtained leave to introduce 

Senate bill No. 304. An act repealing sections 38, 39, 40, 41, 
42, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55 of an act entitled 
"An act for the incorporation of insurance companies, defining their 
powers and prescribing their duties," approved March 17, 1 852, and 
providing for the business of mutual fire insurance companies, and 
prescribing the time within which the same shall be done. 

Senate bill No. 304 was read a first time and passed to a second 
reading. 

Mr. Moore, from the Committee on Claims, made the following 
report : 

Mr. President: 

The Committee on Claims, to whom was referred the claim of 
Kindler and Isensee, dated November 18, 1865, amounting to twenty- 



353 

seven dollars and ninety cents, for the repair of locks and keys, have 
had the same under consideration, and direct me to report the same 
back to the Senate and recommend that it be referred to the Commit- 
tee on Finance and allowed. 
Which report was concurred in. 

^Ir. Ilanna asked and obtained leave to introduce 

Senate bill No. 305, entitled " An act in relation to the laying out 
and opening of public highways : 

Senate bill No 305, was read a first time and passed to a second 
reading. 

Mr. Oyler, from the Committee on the Organization of Courts, 
asked and obtained leave to make the following report : 

Mr, Pkesident : 

The Committee on the Organization of Courts, to whom was 
referred Senate bill No. 275, offered by Senator Richmond, entitled 
" A bill providing for extending the term of Circuit Courts by adjourn- 
ment, calling special terms, and providing compensation to judges," 
have had the same under advisement, and having duly considered the 
same, have instructed me to report the same back to the Senate with 
the following amendments : 

, Strike out the 2d section of said act. 

Strike out the figures " 3 " and "4," as applied to the section, and 
insert "2" and "3." 

Strike out of 4th section all after the word " Immediately," in the 
last line of said section ; and when so amended recommend its pas- 
sage. 

Which report Avas concurred in. 

Senate bill No. 275 was read a second time and passed to a third 
reading. 

Mr. Niles asked and obtained leave to introduce 

Senate bill No. 306. An act in relation to the yacation of streets 
in cities. 

S. J.— 23 



354 

Senate bill No. 306 was read a first time and passed to a second 
reading. 

Mr. Moore from the Committee on Claims asked and obtained 
leave to make the following report : 

Mr. President : • 

The Committee on Claims to whom was referred the claim of Wi!- 
kens & Hall, dated November 25, 1865, amounting to twenty-one 
dollars, for the repair of chairs for the Senate, " have had the same 
under consideration and direct me to report the same back to the 
Senate, and recommend that it be referred to the Committee on ; 
Finance and allow it. 

Which report was concurred in. 

Mr. CuUen, from the Committee on Canals and Internal Im- 
provements, asked and obtained leave to introduce the following 
report : 

Mr. President : 

The Committee on Canals and Internal Improvements to whom 
was referred House bill No. 126 entitled " a bill to amend section 5 
©f an act entitled ' an act to authorize the construction ofleviesandl 
drains.'" Approved June 12, 1852. Have had the same under; 
consideration, and have directed me to report the same back to the i 
Senate without amendment, with the recommendation that the bill ; 
pass. 

Which report was concurred in. 

House bill No. 126 was read a second time and passed to a thinl 
reading. 

Mr. Brown of Hamilton moved to take up Senate bill No 299. 
Which was agreed to. 

Senate bill No. 299 was read a second time by title, and, on motion 
by Mr. Brown of Hamilton, it was referred to the Committee on 

Roads. 

Mr. Brown of Wells introduced the following resolution : 
Ilesolved, That the /Vuditor of State be requested at as early day 



355 

3,s possible, to report to this Senate a correct list of claims 'wbicli was 
allowed by the last session, and remained unpaid. 
Which resolution was adopteil. 

Mr. Richmond, from the Committee on Claims, asked and obtained 
leave to make the following report: 

Mr. Pkesident : 

The Committee on Claims, to whom was referred the claims of 
A. StahJ, Wm. Gable, and A. B.Jetmore, against the State of Indi- 
ana for mileage and attendance fees ;is witnesses before the House 
Committee of the session of 1803, an arbitrary arrest, amounting, 
in the aggregate, to S99 00 ; have had the same under consideration, 
and have directed me to report said claims back to the Senate, with 
the recommeiidation that they be allov/ed and referred to the Com- 
mittee on Finance. 

Which report was concurred in. 

Mr. Allison moved to take up House bill No. 212. 
Which was agreed to. 

House bill No, 212, entitled a bill to legalize the appraisement of 
the real estate made under the provisions of the act entitled " An 
act to provide for the appraisement of the real estate, and prescribing 
the duties of officers in relation thereto," approved December 21st, 
1858. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Cason, Chapman, Corbin, Cullen, Cul- 
ver, Davis, Downey, Dykes, English, Finch, Gifford, Jinkens, Milli- 
ken, Moore, Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, 
Thompson, Vawter, Ward, Woods, Wright and Mr. President— 35. 

None voting in the negative. 

So the bill passed. 



S56 I 

I 
The question being, shall the title of the rjill stand as read? ; 

It -was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Marshall moved to take up Senate hill No. 804, . 

"Which -was agreed to. j 

Senate Bill No. 304, iras read a second time by title, and, ; 

On motion, i 

Referred to the Committee on Corporations. [ 

[ 
Mr. Noyes, from the Committee o-n Claims, asked and obtajncd \ 
leave to make the following report : 

Mr. President ; 

The Committee on Claims, to whom »vas referred the claims of 
Georce 11. Murphy for one thousand eight hundred and seventeen 
dollars and forty-eight cents, have had the same under consideration, 
and have directed me to report the same back to the Senate and 
recommend that it be referred to the Committee on Finance, and 
that nine hundred and fifty-two dollars and forty-eight cents of the 
above claim be allowed. 

Which report was concurred in, 

Mr. Noyes, from the Committee on Claims, asked and obtained 
leave to introduce the following report ; 

Mr. President : 

The Committee on Claims, to whom was referred the claims of Vv , 
& J. Braden, for books furnished the Secretary of the Senate, 
amounting to eighteen dollars and eighty cents, have had the same 
under consideration, and have directed me to report the same back 
to the Senate and recommend that it be referred to the Committee 
on Finance and a]lowef\ 

Which report was concurred in. 

Mr. Richmond moved to take up Senate bill No. 301. 
Which was agreed to. 

Engrossed Senate bill No. oOl, entitled "An act in reference to 
public buildings, of counties and grounds belonging thereto^, and pre- 



357 

scribing the duties of county boards and sheriffs with reference to 
the same." 

Was read a. second time and passed to a third reading. 

On motion by Mr. Cullen, 
The Senate adjourned. 



TUESDAY MORNING, 9 o'clock, 1 
December 12, 1865. f 

The Senate met« 

The Assistant Secretary proceeded to read the journal, when. 

On motion by Mr. Gifford, 
The further reading was dispensed with. 

]\Ir. Oyler moved a call of the Senate. 
Which was agreed to. 

Pending the call, 
Mr. Cobb asked and obtained leave of absence for Mr. Williams. 

Those who answered to their names were, 

3.1essrs. Allison, Barker, Beeson, Bennett, Bradley. Brown of Ham" 
jlton. Brown of Wells, Cason, Chapman, Cobb, Corbin, Cullen, Cul- 
ver, Davis, Downey, Dykes, English, Finch, Fuller, Gifford, Ilord, 
Jinkens, Marshall, McClurg, Mason, Milliken, Moore, Niles, Noyes, 
Oylcr, Reagan, Staggs, Terry, Van Buskirk, Vawter, Ward, Woods, 
Wright and Mr. President — 39. 

Mr. Oyler moved that the absentees be sent for. 
Which was agreed to. 

Mr. Moore, from the Committee on Railroads, asked and obtained 
leave to make the following report : 

Mr. President : 

The Special Committee, to whom was referred Senate resolution 
No. 26, relative to regulating the fare on railroads, have had the 



858 

same under consideration, and direct me to report the same back "witli 
the lollowing bill, entitled ^' An act regulating the fare to be charged 
by railroad companies in this State for the transportation of passen- 
gers over their roads, and providing the remedy for all violations 
thereof," "which they recommend do pass. 
Which report was concurred in. 

iSenate bill No. 307, Tvas read a first time and passed to a second 
reading, 

Mr. Beeson, from the Committee on Finance, asked and obtained 
leave to make the following report: 

Mr. President: 

The Committee on Finance, to whom was referred House Joint 
Resolution for the relief of George W. Archer, refunding to him the 
purchase-money and interest thereon paid for certain real estate sold 
as swamp lands by the State, when the title was in one Michael John, 
have had the same under consideration, and have directed me to 
report the same back to the Senate, without amendment, and recom- 
mend its passage. 

Which report was concurred in. 

House Joint Resolution No. 11, was read a second time and passed 1 
to a third reading. 

Mr. Cason asked and obtained leave to offer the following reso- 
lution : 

Whereas, That on yesterday, when the 2d volume of the Adjutant 
General's Report was laid upon the desks of Senators, they were 
perfectly surprised at the voluminous character of the work, and 
by what authority the same was ordered : Therefore, 

Be it resolved, That a committee of three be appointed to make 
inquiry by what authority these publications were made, the number 
of volumes, and the probable cost of the same, and report their pro- 
ceedings to the Senate at as early a day as possible, and that the 
committee be authorized to ascertain and report to the Senate the 
name of the person who brought into the Senate the resolution order- 
ing said publication. 

Which resolution was adopted. 



359 

The President appointed the following Select Committee on the 
toreo;oin2 resolution : 

Messrs. Cason, Cobb and Beesen. 

Mr. Vawter moved to dispense with the further call of the Senate. 
Which v,as not agreed to. 

Mr. Van Buskirk moved to dispense with the further call of the 
Senate. 

Which was agreed to. 

The hour having arrived for the special order, the Senate proceeded 
to the consideration of Senate bill No. 219. 

Mr. Downey offered the following amendment. 

Provided : That no negro or mulatto, who has come, or shall here- 
after come into this State, in violation of the 13th Article of the 
conatitution of the State, shall, while said article continues in force, 
be com.petent to testify as a witness, in any case, in which a white 
person shall be a party in interest. 

Mr. Mason moved to lay the bill and report on the table. 

Pending which, 

Mr. Cullen moved a call of the Senate. 

Which was agreed to. 

Pending which, 

Leave of absence w'as granted to Mr. Yan Buskirk. 

Those who answered to the call of their names were, 

Messrs. Allison, Barker, Beeson, Bennett Bonhara, Bowman^ 
Bradley, Brown of Hamilton, Brown of Wells, Cason, Carson, Chap- 
man, Cobb, Corbin, Cullen, Culver, Davis, Douglas, Downey, Dykes, 
English, Finch, Fuller, Gifford, Ilanna, Hord, Jinkens, Marshall, 
McClurg, Mason Yilliken, Moore, Newlin, Niles, Noyes, Oyler, Rea- 
gan, Richmond, Staggs, Terry, Thompson, Vawter and Ward — 43. 

Mr. Bennett moved to suspend the fuather call. 
Which was ao-reed to. 



360 

Mr. Oyler moved to postpone the further consideration of the 
©rder until Friday morning next, at^O o'clock. 

Mr. Ilord moved to amend by postponing until Friday morning 
week, at 9 o'clock. 

Mr. Cullen moved to lay the amendment on the table. 

Messrs. Cullen and Hord demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dykes, Milliken, Niles, 
Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Ward, Woods, 
Wright, and Mr. President— 23. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, Downey, English, Finch, Fuller, Gilford, llanna, 
Hord, Jinkens, Marshall, McClurg, Mason, Moore, Newlin and 
Staggs— 22. 

So the amendment lies on the table. 

Mr, Cobb moved to postpone until Friday two weeks at 9 o'clock. 

Mr. Cullen moved to lay the motion on the table. 
Messrs. Cullen and Cobb demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Downey, Dykes, Milliken, 
Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Ward^ 
Woods, Wright and Mr. President — 24. 

Those who voted in the negative Avere, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, Jin- 
kens, Marshall, McClurg, Mason, Moore, Newlin and Staggs — 21. 

So the motion lies on the table. 



8C1 

The question recurring on Mr. Ojler's motion, 

Mr. Brown of Wells moved to lay the motion on the table, 

Messrs. Brown, of Wells, and Cullen demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Bowman, Bradley, Brown of Wells, Car- 
son, Cobb, Corbin, Doui^las, Downey, English, Finch, Fuller, Gifford, 
Hanna, Hord, Jinkens, Marshall, McClurg, Mason, Moore, Newlin 
and Staggs — 23. 

Those who voted in the negative were, 

Messrs, Allison, Bennett, Bonham, Brown of Hamilton, Cason, 
Chapman, Cullen, Culver, Davis, Dykes, Milliken, Niles, Noyes, 
Oyler, Reagan, Richmond, Terry, Thompson, AVard, Woods, Wright, 
and Mr. President— 22, 

So the motion lies on the tabl(\ 

Mr, Beeson moved to reconsider the vote just taken. 
Which was agreed to. 

The question being on the motion to lay Mr, Oyler's motion on the 
table, 

Messrs. Brown, of "Wells, and Oyler demanded the ayes and noes. 

Those wlio voted in the affirmative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, Downey, English, Finch, Fuller, Gilford, Hanna, 
Hord, Jinkens, Marshall, McClurg, Mason, Moore, Newlin and 
Staggs— 22. 

Those who voted in the negative were, 

Messrs, Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dykes, Milliken, Niles, 
Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Ward, Woods, 
Wright and Mr. President— 23. 

So the motion was not laid on the table. 



/ ; 

i 

362 I 

The question recurring on Mr. Oyler's motion, , , ' 

Messrs. Vawter and Richmond demanded the ayes and noes. 

Those Avho voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, , 
Cason, Chapman, Cullen, Culver, Davis, Dykes, Milliken, Niles, j 
Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Ward, Woods, 
Wright and Mr. President— 23. 

Those who voted in the negative were, _ '< 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, Downey, English, Finch, Fuller, Gifford, Hanna, 
Ilord, Jinkefts, Marshall, McClurg, Mason, Moore, Newlin and 
Staggs— 22. 

So the motion was agreed to. 

Mr. Cason offered the following resolution : 

W'liEREAS, At the last session of the Senate the following resolution 
was passed, viz. : 

" Resolved, That twenty-five hundred copies of the report of the 
Adjutant General of Indiana be printed for the use of the members 

of the Senate :" 

And Whereas, It was the understanding of the members of the 
Senate that the report of said Adjutant General was the report of 
last winter, and was to be of the ordinary size, and of the usual 
form. 

And Whereas, It turns out that said report is to be in several large 
sized bound volumes: Therefore, 

Be it resolved, That said resolution be rescinded and repealed. 

Which, on motion by Mr. Cason, 
Was laiu on the table. 

Mr. Bennett moved to suspend the previous order, and take up 
Senate bill No. 177. 
Which was agreed to. 



363 

The question being on the passage of the bill. 

Pending which, 
The following message was received from the House by Mr. Nixon, 
their Clerk : 

Mr. President: 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following engrossed bills thereof, 
ill which the concurrence of the Senate is respectfully asked. 

Engrossed House bill No. 277, a bill to amend sections two and 
five of an act, entitled " An act providing for an organization of 
Circuit Courts, the election of judges thereof, and defining their 
powers and duties," approved June 1, 1852, and providing for crim- 
inal and civil Circuit Courts. 

Engrossed House bill No. 278. A bill creating the IGth Judicial 
Circuit, and providing for the election of a Judge and Prosecuting 
Attorney thereof, and declaring its jurisdiction, and providing for a 
transfer of actions thereto. 

Engrossed House bill No. 279. A bill to amend sections nine and 
ten of an act, entitled " An act prescribing the powers and duties of 
Justices of the Peace in State prosecutions.'' 

Engrossed House bill No. 280. A bill to amend section 14 of an 
act, entitled " An act to limit the grand jurors, and to point out the 
mode of their selection ; defining their jurisdiction and repealing all 
laws inconsistent therewith," approved March 4th, 1852. 

Engrossed House bill No. 300. A bill to amend section 19 of an 
act, entitled " An act to revise, simplify, and abridge the rules, prac- 
tice, pleadings and forms in criminal actions in the Courts of this 
State," approved June 17th, 1852. 

The question recurring on the passage of Senate bill No. 177, 

Mr. Oyler moved the previous question. 
Which was seconded by the Senate. 

The question being, 

Shall the main question be now put ? 

It was so ordered. 



The question being on the passage of the bill, 
Shall the bill pass. 

Those ^Yho voted in the aflinnative were, 

Messrs. Allison, Bennett, Bonhain, Brown of Hamilton, Brown of 
Wells, Cason, Chapman, Cullen, Culver, Douglas, Dykes, GifForcl, 
ilanna, liord, McOlurg, Mason, Newlin, Miles, Oyler, Reagan, 
Ilichmond, Thompson, Ward, Woods, Wright and Mr. President — 20. 

Those, who voted in the negative were, 

Messrs. Burker, Beeson, Bowman, Bradley, Carson, Cobb, Corbin, 
Davis, Downey, English, Finch, Fuller, Jinkens, Marshall, Milliken, 
Mooie, Staggs, Terry and Vawter — VJ. 

So the bdl passed. 

The question being. 

Shall the title of (he bill stand as read ? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Niles moved to take up Senate bills Nos. 305 and 306. 
Which was agreed to. 

Senate bill No. 305 was read by title, and on motion by Mr, Nilcs, 
was referred to the Committee on Roads. 

Senate bill No. 306 was read by titlp, and on motion by Mr. Niles, 
was referred to the Committee on Corporations. 

Mr. Ilord moved to refer the papers concerning the relief of Mr. 
Alfred Williams, late Treasurer of Brown county, to a select cora- 
mittee of three. 

Which was agreed to. 

The President appointed Messrs. Ilord, Beeson and Cullen said 
committee. 

Mr. Culver moved to take up Senate bill No. 248. 
Which was agreed to. 

Engrossed Senate bill No 248. An act to restrain certain ani- 
mals therein named from running at large. 
Was read a third time. 



365 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Beeson, Culver, Davis, Newlin, Richmond and Woods — !J< 

Those who voted in the negative were, 

Messrs. Allison, Barker, Bennett, Bonhara, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, 
('orbin, Cullen, Douglas, Downey, Dykes, English, Finch, Fuller. 
<rifford, Ilord, Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken, 
i\[oore, Niles, Noyes, Oyltr, Reagan, Staggs, Terry, Thompson, 
A'awter, Ward, Wright and Mr. President — 40. 

So the bill did not pass. 

Mr. Beeson moved to take up house bill No. 140. 
Which was agreed to. 

House bill no 149, entitled, a bili to enable the boards of directors 
of any incorporated turnpike company to change the time of holding 
the election of directors. 

Was read a third time. 

The question being on the passage of the bill. 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Carson, Cason, Chapman, Cobb, Corbin, 
Cullen, Davis, Douglas, Downey, I)ykes, English, Finch, Fuller, 
Giffotd, Hanna, Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, 
Milliken, Moore, Newlin, Niles, Noyes. Ojler, Reagan, Richmond. 
Staggs, Terry, Thompson, Vawter, Ward, Woods, Wright and Mr. 
President— 45. 

None voting in the Negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 



3G6 

Mr. Richmond moved to take up Senate bill No. 301. 
Which ^va3 agreed to. 

Engrossed Senate bill No. 801. An act in reference to public 
buildings and the grounds belonging thereto, and prescribing the 
duties of County Boards and Sheriffs, with reference to the same. 

"Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Carson, Cason, Chapman, Cobb, 
Corbin, Cull en. Culver, Davis, Douglas, Downey, Dykes, English, 
Finch, duller, Gifford, Hord, Hyatt, Jinkens, Marshall, McClurg, 
Mason, Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, Terry, Thompson, Vawter, Ward, Woods, Wright 
and Mr. President — 45. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stnnd as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Mason introduced the following : 

WilE?cEAS, Thomas 0. Barbour was a clerk of this Senate at the last 

term, and. 
Whereas, The name of the said Barbour was omitted among the list 

of clerks who received pay for the first three days in organizing 

this Senate ; therefore, 

* Be it resolved, That said Thomas 0. Barbour be allowed the sum of 
five dollars per day for three days' service. 
Which resolution was adopted. 

Mr. English moved to take up House bill No. 125. 
Which was agreed to. 



867 

House Lill No. 125 was road a second time by title, and, 

On motion by Mr. English, 
Was referred to the Committee on County and Town-hip Business. 

Mr. Yawter offered the following instructions, t o-wit : 

Amend the first section by adding thereto the following proviso : 
'^Provided, That no such removal or location of a county seat shall 
be made, unless the same is removed at least three miles from its then 
location. 

w 

Amend by inserting before the word " election,'' where it occurs in 
the second section, the word " Congressional." 
Which instructions were adopted. 

On motion by Mr. Oyler, 
The Senate adjourned. 



2 o'clock p. m. 
The Senate met. 

REPORTS PROM STANDING COMMITTEES. 

Mr. Bonham, from the Committee on Claims, made the following 
report : 

Mr. President : 

The Committee on Claims, to whom was referred the claim of 
Messrs Merrill & Co., for stationery furnished to the State Librarian, 
amounting in all to the sum of ^309.45, have had the same under 
consideration, and have instructed me to report the same back to the 
Senate, and recommend that it be allowed and referred to the Com-- 
mittee on Finance. 

Which report was concurred in. 



368 

Mr. Noyes, from the Committee on Claims, offered tlie following 
report : 

Mr. PiiESiDEXT : 

The Committee on Claims, to whom was referred the claim of the 
Indianapolis Gaslight and Coke Company, amounting to $65.70, have 
had the same under consideration, and have directed me to report the 
same back to the Senate, and recomniend that it be referred to the 
Committee on Finance and allowed. 

Which report was concurred in. 

Mr. Chapman, from the Committee on Finance, made the following 
report : 

Mr. President : 

The Committee on Finance, to whom was referred House bill No. 
18G, authorizing the payment of the semi-annual interest on the 
State debt, and providing for punishment for violation of this act, 
Iiave had the same under consideration, and have instructed me to 
report the same back with the following amendment, and after being 
so amended, recommend its passage : 

Strike out all of the 1st section after tlie word "that," and insert 
the 3rd section. 

Strike out the 2d section. 

Strike out all after the word " payable,"' in the seventh line of the 
3d section. 

Change section 4 to section 2, section 5 to section 3, and section 6 
to section 4. 

Amend the title as follows : 

Strike out all after the word " act,'' of the first line, to the word 
" to," of the second line. 

Strike out all after the word " debt," in the fifth line, to the word 
'= as," in the sixth line. 

Strike out all after the word "deed," of the seventh line, to the 
word " and," in the eighth line. 



Mr. Cull-en offered the folloAving amemlment: 

*' Not more than fifteen, nor less than five days." 

^Vliich was adopted, and the report, as amended, concurred in. 

House bill No. 186 was read a second time. 

Mr. Brown of Wells, moved to recommit the bill and report to the 
sei'ect committee on State debts. 
Which was not agreed to. 

Mr. Cobb, from the Committee on Claims, made the following 
report : 

Mr. Presibent: 

The Committee on Claims, to whom was referred claims of certain 
persons for attending as witnesses bef-re the House Committee on 
Military arrests, as follows : William Frank, to six days' attendance 
at $3 per day, §1S; mileage from Blackfojxl county, 150 miles, $18 
total amount, $o6. Hon. William Bonham, to six days' attendance 
at §3 per day, $18; mileage from the county of Blackford, 150 miles 
^18 — total amount, §36. Have had the same under consideration 
and have directed me to report the same back, and to recommend 
that they be lallowed. 

Which report was concurred in. 

Mr. Oyler, from the Committee on the Organization of Courts, 
made the following report : 

Mr. Preside^ti: 

The Committee en the Organization of Courts, to whom was 
referred Senate bill No. 271, offered by Senator Douglas, entitled 
*'an act to amend section 1 of an act entitled 'an act authorizing 
Justices of the Peace, Notaries Public, Judges of Courts, Mayors of 
towns and cities, and Clerks of Circuit and Common Pleas Courts, to 
administer oaths generally, and County Auditors, in certain cases, 
and to legaliz-e such as may heretofore have been administered by 
any of said oScers,' " approved March 9, 1861, have had the same 
under advisement, and having duly considered the same, have in- 
I etructed me to report the same back with the following amendments : 

Amend th-e amended section by inserting before the words " that 
* S. J.-24 



870 

Justices of the Peace," Sec, the words "Be it enacted by the General 
Assembly of the State of Indiana." 

Add an additional section, as follows: 

" Sec. 2. Nothing in this act, or in the amendments, shall apply 
to any cause or action now pending in any of the Courts in this 
State, and all causes or actions now pending in this State are expressly 
excepted from this amendment." 

And T.hen so amended, the Committee recommend the passage of 
the bill. 

AVhich report was concurred in. 

Mr. Bennett, from the Committee on Military Affairs, made the 
following report: 

Mr. President: 

The Committee on Military Affairs, to whom was referred a com- 
munication from — , on the subject of the payment 

of bounties to the non-commissioned officers and privates of the 12th 
and 16th regiments of Indiana, in the service of the United States 
for one year, beg leave to report that they have had the same under 
consideration, and have directed me to report the accompanying 
joint resolution, entitled " A Joint Resolution in reference to bounties 
for the soldiers of the 12th and IGth Regiments Indiana Yo'lunteets,"' 
on that subject, and recommend its passage. 

Which report was concurred in. 

Senate Joint Resolution No. 24 was read a first time. 

Mr. Bennett raised the point of order, thast a joint resolution may 
be properly passed as any other resolution, viz., on the first reading, 
with the exception that the ayes and noes be taken in accordance 
with the Constitutional provision on that subject. 

Which point was sustained. 

Message from the House by Mr, Nixon, their Clerk. 

S. am directed by the Houso of Representatives to inform the Sen- 
arte that the House lias concurred in the amendments of the Senate 
to engrossed House bill No. 47, entitled as follows to- wit : 

A hill to increase the powers of the Board of Sinking Fund Com- 



371 

missioners, and to authorize said board to loan any moneys belonging 
to said fund, and to invest any moneys belonging to said fund, in 
Indiana State Bonds or Stocks; and providing for the canceling of 
such bonds or stocks, and the re-issuing of new non-negotiable bonds 
or stocks payable to said fund. 

I am further directed to inform the Senate that the House has 
passed the following engrossed bill thereof, to-wit : 

Engrossed House bill No. 86. " An act giving the consent of the 
State of Indiana to, and authorizing the digging and constructing of 
a ditch or canal from the Little Calumet river to the Grand Calumet 
river, both in Lake county in this State, and requiring the Attorney 
General to defend such suits or actions at law, as may be brought 
against the parties who may be prosecuting said works." 

In which the concurrence of the Senate is respectfully requested. 

The question being on the passage of Senate Joint Resolution 
No. 24, 

Shall the resolution pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Bradley 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cor- 
bin, Cullen, Culver, Davis, Douglas, Downey, Dykes, English, Finch, 
Fuller, Gilford, Ilanna, Hyatt, Jinkens, Marshall, McClurg, Milli- 
ken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Vawter, Ward, Woods, Wright and Mr. 
President — 43. 

None voting in the negative. 

So the joint resolution passed. 

The question being, shall the title of the resolution stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Reagan, from the Committee on Corporations, made the fol- 
lowing report : 

Mr. President : 

The Committee on Corporations, to whom was referred Senate bil' 



372 

No. 306, entitled " An act in relation to the vacation of streets in 
in cities, have had the same under consideration, and have directed 
me to report the same back to the Senate and recommend its passage. 
Which report was concurred in. 

Engrossed Senate bill No. 306, entitled an act in relation to the 
vacation of streets in cities. 

Was read a second time and passed to a third reading. 

REPORTS FROM SELECT COMMITTEES. 

Mr. Milliken, from the select committee on the subject of the 
World's Fair, made the following report: 

Mr. President : 

The select committee, in relation to the Universal Exposition at 
Paris, France, in 1867, to whom was recommitted Senate bill No. 
280, have instructed me to report said bill back and recommend that 
section 2 be amended so as to read " three thousand dollars" instead of 
" five thousand dollars,' ' and when so amended, recommend its passage. 

Which report was concurred in. 

Engrossed Senate bill No. 280, relative to the Universal Exposi- 
tion, at Paris, France, in 1867 ; having been read a third time. 

The question being on the passage of the bill. 
.Mr. Bennett moved to recommit the bill. 

'Mr Bonham moved the previous question. 
Which was seconded by the Senate. 

The question being, 
-■Shall the main question be now put? 
It was so ordered. 

The question recurring on the motion to recommit. 

Messrs. Hanna and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Bennett, Bonham, Brown of Hamilton, Cullen, Downey, 
English, McClurg, Niles, Vawter, Wright and Mr. President — 11. 



373 

Those who voted in the negative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Brown of 
Wells, Carson, Cason, Chapman, Cobb, Corbin, Culver, Davis, Dykes, 
Finch, Fuller, Gilford, Hanna, Hord, Hyatt, Jinkens, Marshall, Mil- 
liken, Moore, Noyes, Oyler, Reagan, Richmond, Staggs, Terry 
Thompson, Ward and Woods — 33. 

So the bill was not recommitted. 

The question being on the passage of the bill. 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett. Bonham, Brown of Hamilton, 
Cason, Chapman, Corbin, Culver, Davis, Downey, Dykes, McClurg, 
Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
Vawter, Ward, Woods and Mr. President — 25. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Cullen, English, Finch, Fuller, Gilford, Hanna, Hord, Hyatt, Jinkens, 
Marshall, Moore, Staggs and Wright — 19. 

So the bill did not pass for want of a constitutional majority. 

Mr. Cason, from the Committee on the Judiciary, made the follow- 
report : 

Mr. President: 

The Judiciary Committee, to whom was referred Senate bill No. 
224, introduced by Mr. Bonham, entitled an act to amend section 
seventy-six of an act, entitled " An act to revise, simplify and abridge 
the rules, practice, pleadings and forms in criminal actions in the 
courts of this State," have had the same under consideration, and 
have directed me to report the same back and recommend that it lie 
upon the table. 

Which report was concurred in. 

Mr. Wright, from the Committee on roads made the following 
report : 

Mr. President : 

The Committee on Roads, to whom was referred Senate bill No. 



305, an act in relation to the laying out and opening of public high- 
ways, have instructed me to report the same back and recommend its 
passage. 

Which report was concurred in. 

Senate bill No. 305, was read a second time and passed to a third 
reading. , 

Mr. Bennett, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. President : 

The Committee on the Judiciary, to whom was referred Senate bill 
No. 270, entitled an act to amend sections 8 and 10 of an act, enti- 
tled " An act regulating the fees of officers," &c., have had the same 
under consideration, and have instructed me to report the same back 
and recommend its passage without amendment. 

Which report was concurred in. 

Senate bill No. 270 was read a second time and passed to a third 
reading. 

REPORTS FROM SELECT COMMITTEES. 

Mr. Moore, from the select committee on Senate bill No. 2G3, 
made the following report : 

Mr. President : 

The committee, to whom was referred Senate bill No. 2G3, a bill 
to repeal an act, entitled " An act to discourage the keeping of use- 
less and sheep-killing dogs," have had the same under consideration, 
and a majority of said committee have directed me to report it back 
to the Senate and recommend that it do pass. 

Mr, Wright, from the select committee on Senate bill No. 263, 
made the following minority report : 

Mr. President : 

The minority of the committee, to whom was referred Senate bill 
No. 263, entitled an act to repeal an act, entitled "An act to dis- 
courage the keeping of useless and sheep-killing dogs," &c., would 
respect^lly report that they cannot agree with the majority in recom- 



I 



375 

mending the repeal of said act : 1st. That they do not wish to pro- 
tect useless and sheep-killing dogs, because it is necessary to get rid 
of them for the protection of those citizens who are engaged in keep- 
ing sheep. 2d. That dogs have become so numerous the legislation 
on the above act is necessary to rid the State of the class of dogs 
enumerated in said act: They, therefore, Wduld recommend that the 
bill be laid on the table and no further action be had thereon. 

The question being on concurring in the minority report, 

Mr. Dunning (Mr. Chapman in the Chair) moved to lay the report 
on the table. 

Messrs. Dunning and Cullen demanded the ayes and noes. 
Those who voted in the affirmative were, 

Messrs. Allison, Barker Bennett, Bowman, Bradley, Brown of 
Hamilton, Cobb, English, Finch, Fuller, Gilford, Hord, Jiukens, 
Marshall, Moore, Newlin, Staggs, Vawter and Mr. President — 19. 

Those who voted in the negative were, 

]\Iessrs. Beeson, Brown of Wells, Carson, Cason, Chapman, Corbin, 
Cullen, Culver, Davis, Downey, Hanna, Hyatt, jMcClurg, Milliken, 
Niles, Noys, Oyler, Reagan, Richmond, Terry, Thompson, Ward, 
Woods and Wright— 24. 

So the report was not laid on tlie table. 

Mr, Beeson moved to concur in the report. 

Messrs. Beeson and Corbin demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs, Allison, Beeson, Brown of Hamilton, Brown of Wells, 
•Carson, Cason, Chapman, Corbin, Cullen, Davis, Downey, Dykes, 
Hanna, Hyatt, McClurg, Milliken, Newlin, Niles, Noyes, Oyler, Rea- 
gan, Richmond, Terry, Thompson, Ward, Woods and Wright — 27. 

Those who voted in the negative were, 

Messrs. Barker, Bennett, Bowman, Bradley, Cobb, Culver, Eng- 
lish, Finch, Fuller, Gifford, Hord, Jinkens, Moore, Staggs, Vawter 
and Mr. President — 16. 

So the report was concurred in. 

On motion. 
The Senate adjourned. 



376 



WEDNESDAY MORNING, 9 o'clock, 
December 23, 18G5. 



The Senate met. 



The \ssistant Secretnry proceeded to read the journal, -n-hen. 

On motion by Mr. Oyler, 
The further reading was dispensed with. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

Mr. Thoixpson offered the foUowing petition : 

A petition praying for the amending of an act entitled '' an act to- 
amend an act entitled 'an act authorizing the construction of plank, 
macadamized, and gravel roads, ajid to empower the same to make 
sale of a portion of their roads,'" approved February 28, 18G5. 

Which, on motion, was referred to the Committee on Roads. 

Message from the House, by Mr. Nixon, their Clerk : 

Mr. President: 

I am directed by the House of Representatives to inform the 
Senate that the House has passed the following resolution, in which 
the concurrence of the Senate is requested : 

Resolved, That there be a Committee of three on the part of the 
House, to act with a like Committee on the part of the Senate, in 
relation to the printing of the Adjutant General's Report, under the 
resolution of the House, adopted on the 4th of March, 1865, and 
that they report to this House the number of volumes, and the cost 
of the same, and such other information as may be necessary for the 
action of this House in reference thereto. 

And that the Speaker has appointed Messrs. Branham, Flenrickg. 
and Cowgil, on such committee on the part of the House. 

I am also directed to inform the Senate that the House has passed 
the following engrossed bill thereof, to-wit: 

Engrossed House bill No. 285. A bill to provide a State Debt 
Sinking Fund for the payment of the principal and interest of the 



377 

War Loan Bonds, and five and two and one-half per cent, stocks of 
the State therein named, prescribing the duty of the Auditor, Treas- 
urer and Agent of State, in rehition thereto, providing for a clerk of 
said sinking fund, and fixing his salary, and providing a penalry for 
the violation of its provisions, and declaring an emergency for the 
immediate taking effect of the same. 

I am directed by the Speaker of the House to inform the Senate 
that he has signed the following enrolled act of the House of Rep- 
resentatives, to-wit : 

Enrolled act No. 47. An act to increase the powers of the Board 
of Sinking Fund Commissioners, and to authorize said board to loan 
any moneys belonging to said fund, and to invest any moneys belong- 
ing to said fund in Indiana State bonds or stocks ; and providing for 
the cancelling of such bonds or stocks, and the reissuing of new non- 
negotiable bonds or stocks, payable to said fund. 

Enrolled act No. 149. An act to enable the Board of Directors 
of any incorporated turnpike company to change the time of holding 
the election of Directors. 

Enrolled act No, 177. An act to amend section 143 of an act 
entitled "an act amendatory of an act to provide for the publication 
of delinquent taxes," approved May 31, 18G1. 

Which enrolled acts are respectfully submitted to the President of 
the Senate for his signature thereto. 

Mr. Van Buskirk moved to suspend the previous order, and take 
up that part of the message relating to the Adjutant General's 
Report. 

Which was agreed to. 

Mr. Van Buskirk moved to concur in the report. 
Which was agreed to. 

The President appointed the same committee that was appointed 
yesterday on that subject. 

Mr. Corbin moved to suspend the previous order, and take up that 
part of the message relating to House bill No. 285. 
Which was aorreed to. 



378 

Mr. Corbin moved to suspend the rules, and read the bill a second 
time by title now. 

A constitutional provision requiring the ayes and noes, 

^ • Those who voted in the aiBrmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Bonham, 
Bradley, Brown of Hamilton, Brown of Wells, Cason, Chapman, 
Cobb, Corbin, Cull en. Culver, Davis, Douglas, Downey, Dykes, 
English, Finch, Gifford, Hanna Hyatt, Jinkens, McClurg, Mason, 
Mil liken, Newlin, Noyes, (.)yler, Reagan, Richmond, Staggs, Terry, 
Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. President 
—41. 

Those who voted in the negative were, 

iNIessrs. Carson, Fuller, Hord and Moore — 4. 
So the rules were suspended. 

House bill No. 285 was read a second time by title. 

Mr. Corbin moved to refer the bill to the select committee on the 
subject of the State debt. 

]Mr. Cason moved to amend by referring to the Committee on 
Finance. 

Mr. Corbin moved to lay the amendment upon the table. 

Messrs. Corbin and Cason demanded the ayes and noes. 

Those who voted in the affirmative were. 

Messrs. Barker. Bennett, Bowman, Bradley, Brown of Hamilton, 
Brown of Wells, Carson, Cobb, Corbin, Cullen, Culver, Davis, Douglas, 
Downey, Dykes, English, Finch, Fuller, Gifford, Hanna, Hyatt, 
Jinkens, Marshall, Mason, Milliken, Moore, Newlin, Oyler, Rich- 
mond, Staggs, Van Buskirk and Mr. President — 32. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bonham, Cason, Chapman, Hord 
McCIurg, Noyes, Reagan, Terry, Thompson, Vawter, Ward, Woods 
and Wright— 15. 

So the amendment lies upon the table. 



379 

The question recurring on Mr. Cor'jin's motion. 

Messrs. Corbin and Cason demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Bowman, Bradley, Brown of Hamilton, 
Brown of Wells, Carson, Cobb, Corbin, Cullen, Culver, Douglas, 
Downe}^ Dykes, English, Finch, Fuller, GifFord, Hanna, Hyatt, Jin- 
kens, Marshall, McClurg, Mason, Milliken, Moore, Newlin, Oyler, 
Richmond, Staggs, Van Buskirk, Vawter and Mr. President — 33. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bonham, Cason, Chapman, Davis, Hord, 
Noyes, Reagan, Terry, Thompson, Ward, Woods and Wright — '14. 

So the motion was agreed to. 

Mr. Woods offered a petition asking for the passage of a law 
requiring Boards doing county and township business, to give a 
bounty to all the volunteers of this State. 

AVhich, on motion, was referred to the Committee on Military 
Affairs. 

Mr. Gifford offered a petition praying for the passage of a law 
legalizing all bonds issued by County Boards for the purpose of pro- 
curing soldiers to suppress the late rebellion in the self-styled Con- 
federate States. 

Which, on motion, was referred to the Committee on the Judiciary. 

IMr. Hyatt offered a petition praying for the repeal of an act for 
the relief of the families of soldiers, seamen and marines, approved 
March 4, 1865. 

Which, on motion, was referred to the special committee on that 
subject. 

Mr. Milliken offered a petition praying for the suppression of 
intemperance and sale of intoxicating liquors in this State. 

Which, on motion, was referred to the Committee on Temperance. 



380 



REPORTS FROM STANDING COMMITTEES. 

Mr. Wright, from the Committee on Roads, made the following 
report : 

Mr. President : • ■ 

I am instructed by the Committee on Roads to make the following 
report : 

The Committee have had Senate bill No. 251, entitled a bill to 
amend sections 14, 15 and 21, of an act entitled " an act to provide 
for the opening, vacating, and change of highways," approved June 
17, 1852, under consideration, and have directed me to report the 
same back to the Senate and recommend its passage. 

Which report was concurred in. 

Mr. Wright, from the Committee on Roads, made the following 
report : 

Mr. President : 

I am instructed by the Committee on Roads, to whom was com- 
mitted Senate bill No. 299, entitled an act supplemental to an act of 
the General Assembly of the State of Indiana, entitled " an act 
authorizing the construction of plank roads," approved May 12, 
1852, to report the same back, and recommend that ic lie upon the 
table. 

W^hich report was concurred in. 

Mr. Vawter oi^ered the following resolution : 

Resolved^ That His Excellency, the Governor, be requested to 
furnish the Senate with a copy of the letter of Charles Butler to 
Governor Morton, on the subject of the State debt. 

W^hich, on motion, was adopted. 

S*ENATE BILLS ON FIRST READING. 

Mr. Wright introduced 

Senate bill No. 308. A bill to provide for the relief of persons 
or the heirs or assigns of persons who have made entries of lands 



381 

belonging to the United States as swamp lands belonging to the 
State, in cases where they have not been confirmed as such, or where 
otherwise the State was incompetent to make a good title, and who 
"?iave paid the price thereof to officers of the State authorized to 
receive the same. 

Which was read a first time and passed to a second reading. 

Mr. Allison introduced 

Senate bill No. 309. Entitled an act to amend the 8th and 45th 
sections of an act entitled " an act to 'reduce the law incorporating 
the city of Madison, anu the several acts amendatory thereto, into 
one act, and to amend the same," approved February 14, 1848. 

Mr. Bennett moved to suspend the rules and read the bill a second 
time, by title only, now. 

A constitutional provision requiring the ayes and noes, 

Those who voted in t\e affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Brown of Wells, Cason, Chapman, 
Cobb, Culien, Culver, Davis, Downey, Finch, Gilford, Hanna, Hord, 
Hyatt, Jinkens, McClurg, Mason, Millikcn, Newlin, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, Ward, 
Woods and Mr. President — 37. 

Those who voted in the negative were, 

Messrs. Eno;lish, Moore and Wright — 3. 
It was so ordered. 

Mr. McClurg introduced 

Senate bill No. 310. An act to amend sections one an<l two of an 
act entitled, "an act to enable the owners of wet lands to drain and 
reclaim them, when the same cannot be done without affecting the 
lands of others." Approved March 7, 1863, 

Which was read a first time and passed to a second reading. 

Mr. Wright introduced 

Senate bill No. 311. An act to legalize sales by deputy sheriffs 
of real estate under execution, or by order of the Circuit Court, or 



382 

Court of Common Pleas, and to render valid the deeds made by said 
deputies in pursuance of such sales. 

Which was read a first time and passed to a second reading. 

Message from the Governor, by ^Ir. Jacobs, his Private Secretary. 

On the report of the Hon, Joseph E. McDonald, commissioner to 
investigate the condition of the fraudulent 5 per cent. State stocks. 

Mr. Dunning (Oyler in the chair) moved to refer the message to 
the Committee on Finance, 
Which was agreed to. 

Mr. Carson introduced 

Senate bill No. 312. Entitled an act to amend the title of an. act 
entitled " an act concerning licenses to vend foreign merchandise, 
exhibit any caravan, menagerie, circus, rope and wire dancing, pup- 
pet show and legerdemain, so as to embrace the subject of said bill, 
and matters properly connected therewith. 

Mr. Carson moved to suspend the rules and read the bill a second 
time, by title, now. 

A constitutional provision requiring the ayes and noes. 
Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, 
Cobb, Cullen, Davis, Downey, Dykes, Finch, Gifford, Hanna, Hord, 
Hyatt, Jinkcns, Marshall, McClurg, Mason, Milliken, Moore, Newlin, 
Oyler, Reagan, Staggs, Terry, Thompson, Van Buskirk, Yawter, 
Ward, Woods, and Mr. President— 38. 

Those who voted in the negative were, 

Messrs. Allison, English, Noyes, and Wright — 4. 
It was so ordered. 

Senate bill No. 312 was read a second time by title, and, 

On motion, 
Passed to a third reading. 



383 

Mr. Brown of Wells asked and obtained leave to introduce a Joint 
Resolution. 

Whereas, It is the established policy of the Government of the 
United iStates not to interfere in the internal concerns of any 
trans-Atlantic power ; and, 

Whereas, We regard the forcible interposition of any trans- Atlantic 
power in the affairs of any of this hemisphere, as inimical to the 
institutions of our country, and dangerous to our national peace 
and happiness ; therefore, 

Resolved hy the Senate, the House of Bepresentatives eoncnrring, 
That we hereby instruct our Senators and request our lleprcsenta- 
tives in Congress, to favor the use of all positive and necessary means 
in the resistance of such interposition, whether it be as auxiliary, 
stipendiary, for the purpose of conquest, or under any other form or 
pretext whatever. 

Resolved, That a copy of the above preamble and resolution, over 
the signatures of the principal officers of the General Assembly, be 
communicated by His Excellency, the Governor, to our said Senators 
and Representatives- 
Mr. Beeson moved to refer the joint resolution to the Committee 
on Federal Relations. 
Which was agreed to. 

Senate Joint Resolution No. 22. A Joint Resolution declaring 
in what manner the acts of the present session of the General 
Assembly shall be published and circulated in the various counties in 
order to cause the same to take effect. 

Mr. Bennett moved to refer the Joint Resolution to the Committee 
on the Judiciary. 

Which was agreed to. 

Senate Joint Resolution Ko. £3. A Joint Resolution for the 
amendment of section 9, article 4, of the Constitution, so as to pro- 
vide for annual sessions of the Legislature. 

Mr. Bennett moved to refer the resolution to the Committee on 
the Judiciary. 

Which was agreed to. 



384 

Eno;rossed Concurrent Resolution, concerning the Terre Haute 
and Richmond railroad. 

Mr. Cason moved to refer the resolution to the Committee on the 
Judiciary. 

Mr. Bennett moved to lay the motion and resolution upon the table. 

Messrs. Corbin and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Beeson, Bennett, Bonham, Brown of Hamilton, Douglas, 
^English, Hanna, Noyes, Terry, Van Buskirk, Vawter and Ward — 12. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Bradley, Brown of Wells, Carson, Cason, 
Chapman, Cobb, Corbin, Cullen, Davis, Downey, Dykes Finch, 
Fuller, Gifford, Hord, Hyatt, Jinkens, Marshall, Mason, Milliken, 
Moore, N«wlin, Oyler, Reagan, Richmond, Staggs, Thompson, 
Woods, Wright and Mr. President — 32. 

So the motion and resolution does not lie upon the table. 

The question being on the motion to refer the resolution to the 
•Committee on the Judiciary. 
It was agreed to. 

The President laid before the Senate a message from the Governor 
on the subject of the Charles Butler letter, in relation to the public 
debt of Indiana. 

Mr, Chapman moved to r-efer the message and letter to the select 
oommittee on the subject of the State debt. 
Which was agreed to. 

BOUSE BILLS ON SECOND READING. 

House bill No. 285 was read a second time, and. 

On motion by Mr. Dunning, (Mr. Oyler in the chair), 

It was referred to a select committee, consisting of Messrs. Cobb, 
Moore, Hord, Oyler and Dunning. 



8?^5 

Senate bill No. 286 was read a second time by title, and, 

On motion, 
Referred to the Committee on the Organization of Courts. 

Senate bill 287 was read a second time by title, and, 

On motion. 
Referred to the Committee on the Organization of Courts. 

Senate bill No. 288 was read a second time by title, and, 

On motion. 
Referred to the Committee on the Organization of Courts. 

Senate bill No. 291 was read a second time by title, and, 

On motion, 
Referred to a special committee, consisting of Messrs. Marshall, 
Mason, Reagan, Brown of Hamilton and Bonham. 

Senate bill No. 294 was read a second time by title, and, 

On motion, 
Referred to the Judiciary Committee. 

Senate bill No. 296 was read a second timq by title, and, 

On motion, 
Referred to the Committee on Corporations. 

Senate bill No. 298 was read a second time by title, and. 

On motion. 
Referred to a special committee from the Judicial Circuit to which 
the bill has reference. 

Senate bill No. 302 was read a second time by title, and, 

On motion, 
Referred to the Committee on Corporations. 

Senate bill No. 303, entitled " an act to legalize and declare valid 
and effectual all the orders, judgments and other proceedings, made, 
rendered and had, by and before the Court of Common Pleas of 
Whitley county, in this State, held in the Court House in said county, 
in the month of March, 1865, and then and there before the regular 
Judge of said Court. 

Was read a second time and passed to a third reading. 
S, J.— 25 



S86 



SENATE BILLS ON TUIRD READING. 

Engrossed Senate bill No. 281, entitled an act to amend an act 
entitled " an act to fix the amount of the salary of the State Libra- 
rian, and repealing all laws conflicting therewith, and to dispense 
with an Assistant Librarian and Clerk," approved March 4, 185D, I 

Was read a third time. 

The question being on the passage of the bill, , ■] 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonhara, Bradley, Brown of 
Hamilton, Brown of Wells, Chapman, Cobb, Cullen, Davis, Dykes, 
English, Gilford, Hanna, Hyatt, McClurg, Milliken, Newlin, Noyes, 
Oyler, Reagan, Richmond, Staggs, Thompson, Van Buskirk, Wardj 
Woods, Wright, and Mr. President — 36. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Carson, Downey, Finch, Fuller, Jinkens, 
Marshall, Mason, Moore, and Vawter — 11. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 107, entitled an act authorizing certain 
persons therein named to dig and construct a certain canal. 

Mr. Wright moved to recommit the bill to the Judiciary Com- 
mittee. , " 
Which was agreed to. 

Engrossed Senate bill No. 174. An act to provide for the protec- 
tion of wild game, defining the time in which the same may be taken 
or killed, and declaring the penalty for the violation of this act, 
repealing all laws inconsistent herewith, and declaring an emergency. 

Was read a second time. 



387 

Tbe question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affinnative Avere, 

iVJessrs. Allison, Beeson, Bennett, Bonham, Bradley, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Corbin, Cullen, 
■Davis, Dykes, Hanna, McClurg, Milliken, Niles, Noyes, Oyler, Rea- 
gan, Richmond, Staggs, Terry, Thompson, A^an Buskirk, Vawter, 
Ward, and Woods— 29. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Cobb, Downey, English, Finch, Fuller, 
Glfford, Hyatt, Jinkens, Marshall, Mason, Moore, Newlin, and 
Wright— 17. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 218, entitled an act to amend an act enti- 
tled "an act to discourage the keeping of useless and sheep-killing dogs, 
and providing penalties for the violation of any of the provisions of 
said act by officers and others, and also repealing an act to license 
dogs, approved March 11, 1861, and providing that nothing in this 
act shall be so construed as to conflict with the provisions of an act 
entitled an act for the protection of sheep, approved June 18, 1852," 
approved March 2, 18G5. 

W^as read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

^ Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Brown of Wells, Carson, Cason, Chapman, Corbin, Cullen, Davis, 
Downey, Dykes, Fuller, Hyatt, MiUiken, Newlin, Niles, Noyes, 
Oyler, Reagan, Richmond, Terry, Thompson, Van Buskirk, Ward^ 
Woods and Wright — 29. 



388 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Cobb, English, Finch, GifFord, 
Jinkens, Marshall, McClurg, Mason, Moore and Staggs — 14. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

On motion by Mr. Cullen, 

The Senate adjourned. 



2 o'clock p. m. 

The Senate met. 

The special order for 2 o'clock was postponed, by consent, until 3w 
o'clock. 

Mr. Downey offered the following resolution : 

Resolved, That the Secretary of the Senate inform the House that 
House bill No. 47 was passed by the Senate as it came from the 
House, without any amendment thereof; and that if any amendment 
was believed by the House to have been made by the Senate, such 
belief was unfounded, and that the Senate regard the said bill as 
having legally passed both branches as the same was when it passed 
the House, and in that form will become a law on being signed by 
the Speaker of the House and President of the Senate, and approved 
by the Governor. 

Mr. Cason offered the following amendment : 

Amend so as to request the House, after having reconsidered their 
action, return the bill to the Senate for further action. 



389 

Mr. Bennett moved to lay the amendment upon tlie table. 

Messrs. Bennett and Casoa demanded the ayes and noes. 

Those who voted in the aflBrmative were, 

Messrs. Barker, Bennett, Bonham, Bowman, Brown of Wells, 
Carson, Cobb, Corbin, Cullen, Douglas, Downey, English, Finch, 
Fuller, Gilford, Hanna, Hord, Jinkens, Marshall, McClurg, Mason, 
Moore, Newlin, Oyler, Richmond, Staggs, Van Buskirk, Vawter and 
Mr. President — 29. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bradley, Brown of Hamilton, Cason, 
Chapman, Culver, Davis, Dykes, Hyatt, Milliken, Noyes, Niles 
Reagan, Terry, Thompson, AVard, Woods and Wright — 19. 

So the amendment lies upon the table. 

Mr. Cullen moved to amend so as to send a copy of the resolution 
to the Governor. 

Mr. Hanna moved the previous question, 
Which was seconded by the Senate. 

The question being, shall the main question be put ? 
It was so ordered. 

The question being on Mr. Cullen' s amendment. 
It was agreed to. 

The question being on the original resolution. 
It was adopted. 

Mr. Richmond moved to suspend the previous order, 
Which was agreed to. 

Mr. Richmond, from the Committee on County and Township 
Business, offered the following report : 

Mr. Pkesident: 

The Committee on County and Township Business, to whom was 
referred House bill No. 125, entitled an act to amend sections 1 and 
2 of an act entitled " an act to provide for the relocation of countv 



390 

seats, and for the erection of public buildings in counties in case of 
such relocation," approved March 2, 18G5, have had the same under 
consideration, and have directed me to report said bill back to the 
Senate with the following amendments, and when so amended, the 
Committee recommend the passage of the bill : 

Amend the first amendatory section by adding thereto : ^''Pravided, 
That no such removal or relocation of a county seat shall be made 
unless the same is removed at least three miles from its then location." 

Amend the second amendatory section by striking out the word 
" general," where it occurs before the word " relocation," and insert 
in lieu thereof the word " congressional." 

Which report was concurred in. 

House bill No. 125 was read a second time. 
Mr. Noyes offered the following amendment : 

After the word " considered," in the first proviso of the 2d section, 
insert these words, ^^ prima facie evidence of." 

Mr. Cullen moved to lay the amendment on the table. 
Which was agreed to. 

^Ir. Noyes offered the following amendments : 

Add another proviso to 2d section, as follows : 

^'Aiid provided further; That any portion of the legal voters of 
such county may remonstrate against such remonstrance at any time 
before said petition is finally acted upon by the Boards of Commis- 
sioners, and the affidavit of any person or persons circulating such 
remonstrance, to the effect that the signatures to such remonstrances 
are eight or nine, and that the persons who signed the same are legal 
voters of such county, shall be prima facie evidence of the facts- 
therein stated. 

Mr. Brown of Wells moved to lay the amendment on the table. 
Messrs. Brown of Wells and Noyes demanded the ayes and noes. 



391 

Those who voted in the affirmative were, 

Messrs. Allison, Bennett, Bonham, Bowman, Bradley, Brown of 
Wells, Carson, Cason, Cobb, Corbin, Cullen, Culver, Douglass, Ojler, 
Richmond, Staggs, Thompson, Vawter, and Mr. President — 19. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Brown of Hamilton, Chapman, Davis, 
Downey, Dykes, English, Finch, Fuller, Gifford, jjanna, Hord, Hyatt, 
Jinkens, Marshall, McCiurg, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Reagan, Terry, Van Buskirk, Ward, Woods and Wright — 29. 

So the amendment does not lie on the table. 

The hour having arrived for the special order, the Senate pro- 
ceeded to the consideration of House bill No. 40. 

Mr. Culver offered the following amendment : 

Amend by striking out " Monroe," . and " Bloomington," and 
"Indiana," whenever it occurs, and insert the following: 

" That the present Trustees, together with the Governor, or their 
successors in office, shall, within six months from the passage of this 
act, locate an Agricultural College within the county of Tippecanoe, 
Indian, provided the citizens of said county shall, within that time, 
donate for that purpose lands, not less than one hundred and fifty 
acres, at some point within said county which said Trustees may 
deem eligible and proper, and college building and grounds adjoint 
thereto. 

Mr. Dunning (Mr. Richmond in the chair) demanded a division of 
the question. 

The question being on striking out the words "Monroe, Blooming- 
ton, and Indiana University," wherever they occur. 

Pending which, 
•" Mr. Dunning (Mr. Richmond in the chair) moved to postpone the 
further consideration of the subject, and make it the special order 
for to-morrow, at 10 o'clock. 

Which was agreed to. 

On motion by Mr. Cullen, 
The Senate adjourned. 



392 



THURSDAY MORNING, 9 o'clock, 
December 14, 1865. 

The Senate met. 

The Assistant Secretary proceeded to read the Journal, when^ 

On motion by Mr. Gifford, • 

^he further reading was dispensed with. ' 

The question being, at the last adjournment, on the amendment 
offered by Mr. Noyes to House bill No. 125, 

Mr. Noyes offered the following communication : \ 

Office of State Librarian, \ 
Indianapolis, Ind., Dec, 13, 1865. j 

To the President and members of the Senate : 

Gentlemen: — As I am required by a resolution of your honorable 
body to make a report of the stationery account of officers and 
members three days before the close of the session, it is desirable 
that those wanting stationery should supply themselves prior to that 
date, so that the report may be as complete as possible. I 

Respectfully yours, j 

B. F. FOSTER, j 

State Librarian. ] 



Which was laid upon the table. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

Mr. Dykes offered a remonstrance against the passage of an act 
for the repeal of the law authorizing the formation of Mutual Insu- 
rance Companies. 

Mr. Dykes moved to refer tlie remonstrance to the Committee on 
Corporations. 

Which was afjreed to. 



393 



; REPORTS FROM STANDING COMMITTEES. 

I Mr. Milliken, from the Committee on Rights and Privileges, made 
the following report : 

Mr. President: 



The Committee on Rights and Privileges, to whom was referred 
House bill No. 147, entitled a bill to amend section 6 of an act 
entitled " an act regarding estrajs and articles adrift," have had the 
same under consideration, and have instructed me to report back said 
bill and recommend that it lie upon the table, as, in their opinion^ 
other legislation is not necessary on this subject. 

Which report was concurred' in. 

Message from the House, by Mr. Nixon, their Clerk : 

Mr. President : 

I am directed by the Speaker of the House of Representatives to 
inform the Senate that he has signed the following enrolled act of 
the House of Representatives, to-wit: 

Enrolled act No. i^l2, entitled " an act to legalize the appraisement 
of real estate made under the provisions of the act entitled ' an act 
to provide for the appraisement of real estate, and prescribing the 
duties of oiEcers in relation thereto,' approved December 21, 1858, 
and the assessment and levy of taxes made, and hereatter to be 
made, on such appraisement." 

To which the signature of the President of the Senate is respect- 
fully requested. 

I am also directed by the House of Representative to inform the 
Senate that the House has passed the following preamble and resolu- 
tion, in which the concurrence of the Senate is respectfully requested : 

Whereas, The State Capitol buildings contain valuable records and 
archives of the State, the loss of which would be irreparable ; 
therefore, 

Be it resolved hy the House of Representdiives, the Senate concur- 
ing, That the Joint Committee on Public Buildings be, and they are 



394 

hereby instructed, to confer with the Governor, Adjatant General, 
Clerk of the Supreme Court and State Librarian, as to the present 
plan of guarding, the Capitol buildings, and whether additional 
measures should be taken for the security of the public records and 
archives under their charge ; and said Committee are directed to 
report by bill or otherwise. 

The question recurring on the amendment to House bill No. 125, 
as offered by Mr. Noyes, 

. Mr. Noyes moved to recommit to the Judiciary Committee. 

Mr. Cullen moved to lay the motion upon the table. 

Messrs. Cullen and Noyes demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley. Brown of Hamilton, Brown of Wells, Carson, Cobb, Cullen, 
Culver, Davis, Douglas, Downey, Finch, Fuller, Gifford, Hyatt, 
Jinkens, Marshall, McClurg, Newlin, Niles, Oyler, Reagan, Rich- 
mond, Staggs, Terry, Thompson, Vawter, Woods and Mr. President 
—34. 

Those who voted in the negative were, 

Messrs. Chapman, Dykes, English, Hord, Mason, Milliken, Moore, 
Noyes, Van Buskirk, Ward and Wright — 11. 

So the motion was laid upon the table. 

The question being on the adoption of the amendment, 

Messrs. Cullen and Allison demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Beeson, Chapman, Dykes, English, Hord, Moore, Noyes, 
Van Buskirk, Ward and Wright— 10. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Cobb, Cullen, 



395 

Culver, Davis, Douglas, Do^vney, Finch, Fuller, Gifford, Hyatt, 
Jinkens, Marshall, Mason, Milliken, Newlin, Niles, Oyler, Reagan, 
Richmond, Staggs, Terry, Thompson, Yawter, Woods and Mr. 
President— 35. 

So the amendment was not adopted. 

Mr. Downey oflered theifollowing amendment : 

Add to the 2d section Vao, words: ^'■Provided, That any person 
opp.osed to such relocation, may appear and defend against the appli- 
cation, and may controvert the facts, which the applicants are bound 
to prove, and for that purpose may show that any of the petitioners 
are not voters, or did not sign the petition, or have afterwards signed 
a remonstrance ^gainst the same ; and the first of such signers of 
such remonstrance may be thrown prima facie, by the affidavit of 
any person who is a competent witness in other cases." 

Mr. Brown, of Wells, moved to consider the bill and amendments 
as engrossed, and read a third time now. 
W^iich was agreed to. 

Senate bill No. 125, entitled " an act to provide for the relocation 
of county seats, and the erection of public buildings in counties ia 
case of such relocation," approved March 2d, 1865, 

AVas read a third time. 

The question being on the passage of the bill> 

Shall the bill pass? 

Those who voted in the afBrmative were, 

Messrs. Allison, Bennett, Bonham, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Corbin, 
Cullen, Culver, Davis, Douglas, Downey, Dykes, Finch, Fuller, Gif- 
ford, Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken, 
Newlin, Niles, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, 
Van Buskirk, Yawter, Ward, Woods, and Mr. President — 41. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, English, Moore, Noyes, and Wright — 6, 

So the bill passed. 



396 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Van Buskirk moved to take up the message from the House on 
the subject of the Public Archives. 
Which was agreed to. 

Mr. Van Buskirk moved to concur in the message. 
Which was agreed to. 

Mr. Cullen, from the Joint Committee on State Debt, made the fol- 
lowing majority report : 

♦ 
Mr. President : " 

" The Special Committee upon the State Debt, to whom was referred 
House bill No. 285, entitled " a bill to provide a State Debt Sinking 
Fund, for the payment of the principal and interest of the war loan 
bonds, and five, and two and a-half per cent, stocks, of the State 
therein named ; prescribing the duties of the Auditor, Treasurer and 
Agent of State in relation thereto ; providing for a Clerk of said 
Sinking Fund, and fixing his salary ; and providing a penalty for the 
violation of its provisions, and declaring an emergency for the imme- 
diate taking eff'ect of the same," have had the same under considera- 
tion, and after due deliberation a majority of said Committee have 
instructed me to report the same back to the Senate with the follow- 
ing amendments, which they respectfully recommend be adopted by 
the Senate, as follows : 

Strike out all of said bill, after the enacting clause, and insert the 
following as an amendment to the same : 

" Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That section four of an act entitled " an act to provide for 
the funded debt of the State of Indiana, and for the completion of 
the Wabash and Erie Canal to Evansville," approved January 19th, 
1846, which reads as follows, to-wit: "Sec. 4. The stock created 
pursuant to this act shall be transferable only in the City of New 
York, on books to be provided for that purpose by the State, by the 
holder or holders thereof, or his, her, or their duly constituted attor- 
aev, and in pursuance of such rules as may be a<iopted, or may be 



397 

prescribed by law; but no transfer shall at any time be permitted, 
except on surrender and concealment of the outstanding certificates/' 
be, and the same is hereby repealed, and the Indiana State Agency 
in the city of Ncav York is hereby abolished, to take effect from and 
after the first day of January, 1867. 

" Sec. 2. To justify the first section of this act, and to maintain 
inviolate the pledged faith of the State, it is hereby made the duty 
of the Governor, Secretary, Auditor and Treasurer of State to cause 
to be engraved and executed, in the usual manner, a sufficient num- 
ber of bonds, with coupons attached, bearing interest at the rate of 
six per centum per annum, payable semi-annually, and redeemable in 
twenty years from and after the 19th day of January. 1866, or a 
shorter period, at the pleasure of the State, and at not to exceed their 
par value, and of denominations of five htindred and one thousand 
dollars each, and offer to the holders of the five per cent, registered 
stocks of the State, to substitute therein dollar for dollar for the same. 

" Sec. 3. It is hereby made the duty of said officers of State to 
provide books, in which shall be kept a correct statement of all the 
stocks of the State, surrendered under the provisions of this act by 
the holders thereof, together with their numbers, denominations, date 
and name of the owners, and the agent or attorney surrendering the 
same. They shall also provide books, in which shall be kept a regis- 
try of the coupon bonds issued under this act, to whom delivered, 
their number and denominations, and the number of coupons thereto 
attached. 

" Sec. 4. The stocks contemplated to be surrendered under the 
provisions of this act, shall be received and cancelled, and said bonds 
issued therefor, at the Agency, in the city of New York, by the 
Agent of State, or such other person or persons as the Governor may 
appoint, at any time after the 19th day of January, and before the 
1st day of January, 1867 ; and immediately after the said last men- 
tioned date, all the books and papers belonging to said Agency shall 
be sent to and deposited in the office of the Auditor of State by said 
Agent; and- all furniture belonging to said Agency shall be sold by 
said Agent, and the money arising therefrom deposited in the ofiice 
of the Treasurer of State ; and from and after the said first day of 
January said stocks shall be surrendered, and bonds delivered, at the 
ofiice of the Auditor of State. 

" Sec. 5. From and after the 1st day of January, 1867, the inter- 
est on that portion of the public debt of the State, contemplated in 
this act, shall only be paid by the Treasurer of State, at his office, on 



the presentation at his counter of the coupons then due, or the inter* 
est due on two and one-half per cent, stocks, held by the school fund. 

" Sec. 6. To more effectually carry out the provisions of this act, 
it is hereby made the duty of the Governor of the State, immediately 
after the passage of this act, and prior to the "said 19th day of Janu- 
ary, to issue a proclamation to the creditors of the State, proposing 
to them the conditions and terms of this act. 

" Sec. 7. The Board of Sinking Fund Commissioners, and all the 
officers connected thercTvith, are hereby abolished, from and after the 
4th day of Marcli, 1867. 

" Sec. 8. All the monies and funds belonging to the people of 
this State, and not already invested in the stocks of the State," and 
kno'vn as the Sinking Fund, and all the other moneys and funds be- 
longing to the people of this State, and not specially associated and 
needed for other purposes, be, and the same are hereby appropriated 
and directed to be used and invested in the redemption of the two 
and one-half per centum stocks of the State, until all of said two and 
one-half per centum stocks are fully redeemed, and afterwards in the 
other stocks and bonds of the State, at their market value. And all 
the property of whatever kind, both real and personal, bolonging to 
said funds, or any of them, are hereby directed to be sold, on such 
terms, in such manner, and at such time as the said Sinking Fund 
Commissioners, during their continuance in office, and thereafter as 
the Governor, Auditor, Secretary and Treasurer of State shall deem 
for the best interest of said fund ; and the moneys arising therefrom 
shall be invested in State stocks, or bonds of the State, as aforesaid; 
and after the said 4th day of March, 1867, the Board of Sinking 
Fund Commissioners shall surrender to the Auditor of State all the 
books and papers, stocks, bonds, mortgages, moneys, rights, credits, 
and effects, belonging to said fund, who shall provide a suitable place 
for their safe-keeping. From and after the last mentioned date it 
shall be the duty of the Governor, Auditor, Secretary and Treasurer 
of State to invest all moneys arising from mortgaged premises, and 
from other sources belonging to said fund, as fast as they are due, 
and collected, in said stock and bonds of the State. 

" Sec. 9. It is hereby made the duty of the Auditor, on the 19th 
(by of July and January of each year, to issue his warrant to the 
Treasurer of the State for the' amount of interest due said school 
fund, on State stocks held by said fund, and also to clip from said 
bonds, held by said fund, the coupons then due, and surrender the 
same to the said Treasurer, taking his receipt for the amount of said 



399 

warrant and coupons ; and the said Treasurer shall then proceed to 
disburse from the Treasury of State, for the use of said fund, an 
amount of money equal to said coupons , and in accordance T^•ith the 
law, and for the perpetual preservation of the principal of said school 
and trust funds, and for the punctual payment of semi-annual accruing 
interest thereon, for the purposes contemplated in the creation of said 
funds, the faith of the State is hereby irrevocably pledged. 

" Sec. 10. It is hereby declared that an emergency exists for the 
immediate taking effect of this act ; it shall therefore take effect and 
be in force from and after its passage." 

Strike out the title of House bill No. 285, and in lieu thereof insert 
the following as the title of the bill : 

" An act to abolish the Indiana State Agency in the city of New 
Tork, the Board of Sinking Fund Commissioners of this State and 
all the offices connected therewith, and to invest the monies belong- 
ing to said fund, and the State Debt Sinking Fund, in the stocks of 
the State, and to transfer the business of said Board of Sinking 
Fund to the offices of the Auditor and Treasurer of State ; and also 
to provide for the adjustment of the debt of the State by issuing 
coupon bonds for the present five per cent, registered bonds of the 
State, and declaring an emergency to exist for the passage of this 
act." 

And, when so amended, they recommended the passage of the bill. 

Mr. Chapman, from the Committee on State Debt, made the fol- 
lowing minority report : 

Mil. President : 

A minority of the special committee of one from each Congres- 
sional District, on the State debt, to whom was referred Senate bill 
No. 279, abolishing the State Agency in the city of New York, the 
Board of Sinking Fund Commissioners of this State, and all the 
offices connected therewith, and to invest the monies belonging to 
said Sinking Fund, together with the State Debt Sinking Fund and 
other funds, in the stocks and bonds of the State, and to transfer the 
business of said Board of Sinking Fund Commissioners to the offices 
of the Auditor and Treasurer of State ; and for the issuing of 
coupon bonds for the present fi^ve per cent, registered stocks of the 
State ; and also House bill No. 285, providing a State Debt Sinking 



400 

Fund for the payment of the principal and interest of the war loan 
bonds, and the two and one-half and five per cent, stocks of the 
State therein named, prescribing the duties of the Auditor, Trea- 
surer, and Agent of State in relation thereto, providing for a Clerk 
of said Sinking Fund, and fixing his salary, and providing a penalty 
for violating its provisions, and declaring an emergency for the 
immediate taking efi'ect of the same, have had the same under con- 
sideration, and recommend that the report of the majority of said 
committee on the same bills, with the amendments recommended by 
the majority of said committee to said House bill No. 285 do lie 
upon the table, and that further action on the same be indefinitely 
postponed ; and they further recommend the passage of House bill 
No. 285, without amendments. 

Mr. Oyler moved that when the Senate adjourn this afternoon it 
be to meet at 7 o'clock this evening. 
Which was agreed to. 

Mr. Cullen moved to make House bill No. 285 the special order 
for 7 o'clock this evening. 
Which was agreed to. 

The hour having arrived for the consideration of the special order, 
the Senate proceeded to consider House bill No. 40. 

The question being on the adoption of Mr. Culver's amendment. 

Mr. Niles moved to postpone the further consideration of the bill, 
and make it the special order for 2 o'clock this day. 
Which was agreed to. 

Mr. A'^awter moved to take up bills on their third reading. 
Which was agreed to. 

Mr. Downey moved to take up House bill No. 63. 
Which was agreed to. 

House bill No, 63 was partially read and informally passed. 

Mr. Allison moved to take up Senate bill No. 164. 
Which was agreed to. 

Senate bill No. 164, entitled " An act touching the disposition of 
lots, streets, alleys, public squares and grounds within the corporate 



f 401 

limits of any incorporated city of this State, heretofore vacated or 
hereafter to be vacated." 
Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

I Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Brown of Wells, Cason, Culver, Davis, 
Dykes, English, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, Jinkens, 
Marshall, McClurg, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, 
Richmond, Terry, Van Buskirk, Ward, Woods, Wright and Mr. Pre- 
sident — 36. 

9 Those who voted in the negative were, 

Messrs. Corbin, Downey, Moore and Staggs — 4. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered That the Secretary inform the House thereof. 

Mr, Oyler, from the Committee on Elections, asked and obtained 
leave to make the following report : 

Engrossed Senate bill No. 247, entitled " An act authorizing plank, 
macadamized and gravel road companies to enter upon adjacent lands 
and appropriate and remove earth, stone, timber and gravel for the 
construction of roads and matters properly connected therewith, and 
declaring an emergency." 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, Brad- 
ley, Brown of Hamilton, Cason, Corbin, Culyer, Davis, Downexi 
S. J.-26 



402 

Dykes, English, Finch, Fuller, Giflford, Hanna, Hord, Hyatt, Jinkens 
Marshall, McClurg, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, Terry, Van Buskirk, Ward, Woods, Wright and 
Mr. President— 38. 

Those who voted in the negative were, 

Messrs. Moore and Vawter — 2. ^ 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 253. An act to relieve County Auditors, Treas- 
urers, Township Trustees, Assessors, and other officers, for the year 
1865, from the penalties attached for violation of an act entitled an 
act to discourage the keeping of useless and sheep-killing dogs, &c., 
approved March 2, 1866, and declaring an emergency. 

Was read a third time. 

The question being on the passage of the bill, 

Mr. Cobb moved to recommit with instructions to so amend the 
bill as to require the County Treasurers of the several counties where 
they have caused to be assessed and paid taxes on dogs, to pay the 
same back to the persons so paying said taxes in proportion to the 
amount so paid by he or she. 

Mr. McClurg moved to lay the motion to recommit on the table. 
Which was agreed to. 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Bowman, Bradley, Brown of Wells, 
Cason, Chapman, Cobb, English, Finch, Gifford, Hanna, Hord, Jin- 
kens, Marshall, McClurg, Moore, Newlin, Richmond, Thompson, 
Vawter, Ward, Woods, Wright, and Mr. President — 25. 



403 
Those who voted in the negative were, 

Messrs. Allison, Beeson, Davis, Downey, Hyatt, Milliken, Niles, 
Noyes, Oyler, Reagan, Staggs, and Terry— 12. 
So the bill did not pass. 

On motion by Mr. Oyler, 

The Senate adjourned. 



2 o'clock, p. m. 



The Senate met. 



The President laid before the Senate a communication from the 
Auditor of State, 
! Which was referred to the Committee on Claims. 

Mr. Vawter moved to take up Senate bills on second reading. 
Which was agreed to. 

Engrossed Senate bill No. 307, entitled an act regulating fare to 
be charged by railroad companies in this State, for the transportation 
of passengers over their roads, and providing the remedy for all vio- 
lations thereof. 

Was read a second time and passed to a third readincr. 

Mr. Richmond moved to insert three cents per mile. 
Which was agreed to. 

Senate bill No. 308 was read a second time by title, and. 

On motion. 
Referred to the Committee on Swamp Lands. 

Senate bill No. 310 was read a second time by title, and. 

On motion by Mr. Mason, 
Referred to the Committee on Swamp Lands. 



404 ; 

I 
Senate bill No. 311 was read a second time by title, and, j 

On motion by Mr. Wright, , 

Referred to the Committee on the Judiciary. 

Mr. Corbin, from the Committee on Benevolent Institutions, made 
the following report : 

Mr. President : j 

The Committee on Benevolent Institutions, to whom was referred 
Senate bill No. 159, entitled "an act to provide for the erection and 
maintenance of House of Refuge, or Schools of Reform, by coun- 
ties and incorporated cities, and for the confinement and detention 
therein of prostitutes and females given to habitual intoxication, and 
also of minors convicted of felonies and misdemeanors, have had the 
same under consideration, and direct me to report the same back 
without amendment. 

Which report was concurred in. 

The hour having arrived for the special order. 

The Senate proceeded to consider Senate bill No. 40. 

1 

The question being on the adoption of the amendment of Mr. 

Culver, 

Mr. Allison ofi'ered the followinar resolution : 

i 

Besrjlved, That the bill and substitutes be recommitted to the 
Committee on the Agricultural College, with instructions to report a 
bill dividing the fund donated by Congress equally between Hanover 
College, Wabash College, Asbury University, Franklin College, the 
Indiana University at Bloomington and the North Western Christian 
University at Indianapolis, and providing for the establishment of an 
-Agricultural Chair in each of said colleges. 

Mr. Vawter moved to lay the resolution on the table. 

-Messrs. Vawter and Allison demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs, Barker, Bowman, Bradley, Brown of Hamilton, Brown of 
Wells, Corbin, Cullen, Douglas, Fuller, Hord, Mason, Moore, Newlin 



405 

Oyler, Reagan, Staggs, Terry, Thompson, Vawter and Mr. President 

—20. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Carson, Cason, Culver, Davis, Downey, 
Dykes, English, Finch, GifFord, Hyatt, Jinkens, McClurg, Milliken, 
Niles, Noyes, Van Buskirk, Ward and Woods — 20. 

So the resolution does not lie upon the table. 

Mr. Beeson offered the following amendment: 
Add White Water Cd'ege, Centre ville, Indiana. 

The following amendments were offered by the unanimous consent 
of the Senate : 

By Mr. Thompson : 
College, Merom. 

By Mr. Vawter : 

Insert Notre Dame CoUesre. 



; By Mr. Culver : 

jl Add Stockwell Institute, and Battle Ground College. 

i- By Mr. Oyler : 

Insert Antietam School House, of Brown county, Indiana. 

By Mr. Bradley : 

Add the Tousley Collegiate Institute, at New Albany. 

By Mr. Barker : 

Insert St. Mary's Seminary, Vincennes. 

By Mr. Corbin : 

Add the Northern Penitentiary. 

By Mr. Cobb : 

Add Bedford High School, in the town of Bedford, Lawrence 
county, Indiana. 

By Mr. Van Buskirk : 

Add Dublin College, Wayne county. 



406 

Mr. Hord moved to lay the resolution and pending amendments 
upon the table. 

Pending which, 
The following message was received from the House, by Mr. 
Nixon, their Clerk. 

The question being on Mr. Hord's motion to lay on the table, 

Messrs. Hord and Allison demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Bonham, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Corbin, 
Cullen, Culver, Davis, Douglas, Downey, Dykes, Finch, Fuller, Gif- 
ford, Hanna, Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, 
Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Vawter, Ward, Woods, Wright and Mr. 
President — 44. 

Those who voted in the negative were, 

Messrs. Allison, English and Van Buskirk — 3. 

So the resolution and amendments lie upon the table. 

The question recurring on Mr. Culver's motion, 

Mr. Brown, of Wells, moved to postpone the further consideration 
of the bill, and make it the special order for 2 o'clock to-morrow. 
Which was agreed to. 

Mr. Vawter moved to take up Senate bills on third reading. 
Which was agreed to. 

Engrossed Senate bill No. 270, entitled an act to amend sections 
eight and ten of an act entitled " An act regulating the fees of 
officers and repealing former acts in relation thereto," approved 
March 2, 1855. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 



407 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bonham, Bradley, Cason, Chapman, Cobb, 
Corbin, Cullen, Culver, Davis, Dykes, Gifford, Hanna, Hord, McClurg, 
Newlin, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, 
Van Buskirk, Ward, Woods, Wright and Mr. President — 29. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Carson, Downey, English, Finch, Fuller, 
Hyatt, Jinkens, Marshall, Milliken, Moore and Vawter — 13. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 271, entitled an act to amend section 
1st of an act entitled " An act authorizing justices of the' peace, 
notaries public, judges of Courts, mayors of towns and cities, and 
clerks of Circuit and Common Pieas Courts, administers and others 
generally, and county auditors, in certain cases, and to legalize such 
as may heretofore have been administered by any of said officers," 
approved March 9, 1861. 

Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bonham, Bowman, Bradley, Car- 
bon, Cason, Chapman, Cobb, Corbin, Cullen, Culver, Davis, Douglas, 
Downey, Dykes, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, McClurg, 
Milliken, Newlin, ISiles, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Thompson, Van Buskirk, Ward, Woods, Wright and Mr. Pre- 
sident— 39. 

Those who voted in the negative were, 

Messrs. Jinkens, Marshall and Moore — 3. i 

So the blil passed. 



408 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. ' 

Engrossed Senate bill No. 273. An act to legalize the action of 
the State Board of Equalization at its session in 1864, and declaring 
the duty of the Auditor of State in relation thereto. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bonham, Bowman, Bradley, Car- 
son, Cason, Cobb, Corbin, Cullen, Culver, Davis, Dykes, English, 
Finch, Fuller, Gilford, Hanna, Hyatt, Jinkens, McClurg, Milliken, . 
Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Van Buskirk, Vawter, Waru, Woods, Wright and Mr. Presi- 
denl— 38. 

Those who voted in the negative were, 

Messrs. Downey, Hord and Marshall — 3. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 275. A bill providing for extending 
the terms of Circuit Courts by adjournment, and calling special terms. 
Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bonham, Bowman, Bradley, Car- 



409 

son, Cason, Chapman, Cullen, Culver, Davis, Downey, Dykes, Eng- 
lish, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, Jinkens, Marshall, 
McClurg, Milliken, Moore, Newlin, Niles, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Van Buskirk, Ward, Woods, Wright, and 
Mr. President — 40. 

Those who voted in the negative were, 

Messrs. Noyes and Vawter — 2. 
So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

j Ordered, That the Secretary inform the House thereof. 

J^ Engrossed Senate bill No. 306, entitled an act in relation to the 
vacation of streets in cities. 
Was read a third time. 

The question being upon the passage of the bill. 

Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bowman, Bradley, Carson, Cason, 
Chapman, Cullen, Culver, Davis, Downey, Dykes, English, Finch, 
Fuller, Gifford, Hanna, Hord, Hyatc, Jinkins, Marshall, McClurg, 
Milliken, Newlin, Nilos, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Thompson, Yan Buskirk, Ward, Woods, Wright, and Mr. 
President— 38. 

Those who voted in the negative were, 
Messrs. Cobb and Vawter — 2. 
So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, that the Secretary inform the House thereof. 

On motion by Mr. Wright, 
The Senate adjourned. 



410 



7 o'clock, p. m. 

The Senate met. 

Mr. Vawter moved a call of the Senate. 
Which was agreed to. 

The Secretary proceeded to call the roll, when the following mem- 
bers answered to their names : 



Messrs. Barker, Beeson, Bonham, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Cason, Chapman, Corbin, Cullen, Davis, 
Downey, Dunning, Dykes, GifFord, Hord, Hyatt, McClurg, Mason, 
Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, Woods, and 
Wright— 27. 

Various members soon appearing, sufficient to form a quorum, Mr. 
Vawter moved to dispense with a further call of the Senate. 
Which was agreed to. 

The hour having arrived for the consideration of the special order, , 
to-wit : House bill No. 285 and Senate bill No. 279— 

The question being on concurring in the majority report of the 
Joint Committee, 

Mr. Hord moved to postpone till to-morrow morning at 10| o'clock. 
Which was agreed to. 

Mr. Oyler moved to adjourn. 
Which was agreed to. 



411 



FRIDAY MORNING, 9 o'clock, 
December 15, 1865. 



The Senate met. 



The. Assistant Secretary proceeded to read the journal, -when, 

On motion by Mr. Gifford, 
The further reading was dispensed with. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Woods, from the Committee on Corporations, made the follow- 
ing report : 

Mr. President : 

The Committee on Corporations, to whom was referred Senate bill 
No. 296, entitled " an act to empower incorporated cities to erect and 
construct gas works, and to issue bonds for the purpose of procuring 
the necessary means, and to levy a tax for the payment of such 
bonds, and making such bonds alien upon such works," have had the 
same under consideration, and recommend that the bill be amended by 
adding in section one, after the word " ten," in the 14th line, the 
word '' per cent." And strike out the word "interest," in the 16th 
line, and insert the word " discount," and when so amended they 
recommend that the bill pass. 

Which report was concurred in. 

Senate bill No. 296 was read a second time, and passed to a third 
reading. 

Mr. Terry, from the Committee on Swamp Lands, made the follow- 
ing report : 

Mr. President : 

The Committee on Swamp Lands, to whom was referred Senate bill 
No. 308, entitled " a bill to provide for the relief of persons, or the 
heirs or assigns of persons who have made entries of lands belonging 
to the United States as swamp lands belonging to the State, in cases 
where they have not been confirmed as such, or where otherwise the 
State was incompetent to make a good title, and who have paid the 
price thereof to oflficers of the State authorized to receive the same," 



412 

have had the same under consideration, and have directed me to report 
the bill back to the Senate with the following amendment: Strike out 
from section one all that relates to the payment of interest ; and when 
so amended recommend its passage. 
Which report was concurred in. 

Senate bill No. 308 was read a second time, and passed t6 a third 
reading. 

Mr. Terry, from the Committee on Swamp Lands, made the follow- 
ing report: 

Mr. President : 

The Committee on Swamp Lands, to whom was referred Senate 
bill No. 310, entitled "an act to amend sections one and two of an 
act entitled ' an act to enable the owners of wet lands to drain and 
reclaim them, when the sa;me cannot be done without effecting the 
lands of others,' " approved March 7th, 1863, have had the same 
under consideration, and have instructed me to report the bill back to 
the Senate and recommend its passage. 

Which report was concurred in. 

« 

Senate bill No. 310 was read a second time, and passed to a third 
reading. 

The hour having arrived for the special order. 

The Senate proceeded to the consideration of Senate bill No. 219. 

Tbe question being on the adoption of Mr. Downey's amendment. 
Mr. Oyler moved a call of the Senate. 

The Secretary proceeded to call the roll, when the following mem- 
bers answered to their names : 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, Brad- 
ley, Brown of Hamilton, Brown of Wells, Carson, Cason, Cobb, Cor- 
bin, Cullen, Culver, Davis, Douglas, Downey, Dykes, English, Finch, 
Fuller, Gifford, Hord, Hyatt, JinkenS, Marshall, McClurg, Mason, 
Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, Woods, 
Wright and Mr. President — 46. 



413 

Mr. Ojler moved that the absentees be sent for, and their names 
be spread upon the record. 

Those who were absent were Messrs. Chapman and Hanna. 

Mr. Oyler moved to dispense with the further call of the Senate. 
Which was agreed to. 

Message from the House by Mr. Nixon, their Clerk. 

Mr. President : 

I am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following engrossed bills thereof 
in which the concurrence of the Senate is requested. 

Engrossed House bill No. 254. A bill to amend sections 5, 14 and 
17, of an act entitled "An act incorporating the town of Hunting- 
ton," approved February 16, 1865. 

Engrossed House bill No. 117. A bill to amend sections thirty- 
nine, foity-two, forty-five and fifty-four, of an act entitled "An act 
for the incorporation of insurance companies, defining their powers 
and prescribing their duties," approved June 17, 1852. 

Engrossed House bill No. 41. A bill to legalize sales by guardians 
under orders defective in not prescribing notice. 

Engrossed House bill No. 237. A bill to amend section 35 of " An 
act to provide for a general system of common schools, the officers 
thereof, and their respective powers and duties, and matters properly 
connected therewith, and prescribing the fees for certain officers 
therein named, and for the establishment and regulation of township 
libraries, and to repeal all laws inconsistent therewith, providing pen- 
alties therein prescribed," approved March 6, 1865. 

The question now recurring on the adoption of the amendment 
ofi'ered by the committee, 

Messrs. Cullen and Moore demanded the ayes and noes. 
Those who voted in the afiirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dykes, Hyatt, McClurg, Mil- 



414 

liken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Ward, Woods, Wright and Mr. President — 26. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb 
Corbin, Douglas, Downey, English, Finch, Fuller, Gifford, Hord, Jin- 
kens, Marshall, Mason, Moore, Newlin, Staggs and Vawter — 21. 

So the amendment was adopted. 

The question recurring on the adoption of Mr. Downey's amend- 
ment, 

Mr. Allison offered the following amendment to the amendment : 

" Except such persons as shall have born arms in the late war for 
the suppression of the rebellion." 

Messrs. Vawter and Cullen demanded the ayes and noes. 

Those who voted in the aflBrmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dykes, Hyatt, Milliken, 
Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Ward, Woods, Wright and Mr.'President — 25. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, Downey, English, Finch, Fuller, Giflford, Hord, 
Jinkens, Marshall, McClurg, Mason, Moore, Newlin, Staggs and 
Vawter— 22. 

So the amendment to the amendment was adopted. 

The question now recurring on Mr. Downey's amendment, aa 
amended, 

Messrs. Vawter and Oyler demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Brown of Wells, Carson, Cason, Chap- 



415 

man, Cobb, Corbin, Cullen, Culver, Davis, Douglas, Downey, Dykes, 
English, Finch, Fuller, Gifford, Hord, Hyatt, Jinkens, Marshall, 
McClurg, Mason, Milliken, Moore, Newlin, Niles, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, Vawter, 
Ward, Woods, Wright and Mr. President — 47. 

None voting in the negative. 

So the amendment was not adopted. 

Mr. Oyler moved to reconsider the vote just taken on the adoption 
of the amendment to the amendment. 

Messrs. Vawter and Oyler demanded the ayes and noes. 

Those who voted in the aflSrmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Carson, Cason, Chapman, Cullen, Culver, Davis, Downey, Dykes, 
Hyatt, Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, 
Thompson, Van Buskirk, Ward, Woods, Wright and Mr. President 
—26. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, 
Jinkens, Marshall, McClurg, Mason, Moore, Newlin, Staggs and 
Vawter — 22. 

So the vote was reconsidered. 

Mr. Allison, by consent of the Senate, then withdrew his amend- 
ment. 

Mr. Bennett moved to reconsider the vote upon the adoption of 
Mr. Downey's amendment. 

Messrs. Bennett and Moore demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton 
Oason, Chapman, Cullen, Culver, Davis, Hyatt, Milliken, Niles 
Noyes, Oyler, Reagan, Richmond, Terry, Thompson, Van Buskirk, 
Ward, Woods, Wright and Mr. President — 24. 



416 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Downey, English, Finch, Fuller, Gifford, Hanna, Hord, Jin- 
kens, Marshall, McClurg, Mason, Moore, Newlin, Staggs and Vawter 
22. 

"■.''. ^ ■ . i ■ ■ 
So the vote was reconsidered. 

The question being on the adoption of Mr. Downey's amendment, 
Messrs. Noyes and Bennett demanded the ayes and noes. ; 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Downey, Dykes, Hyatt, 
Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Woods, Wright, and Mr. President— 26. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglas, English, Fuller, Gifford, Hanna, Hord, Jinkens, 
Marshall, McClurg, Mason, Moore, Newlin, Staggs and Vawter — 22. 

So the amendment was adopted. 

Mr. Bennett moved that the bill and amendments be considered as 
engrossed, and read a third time now. 

Messrs. Bennett and Vawter demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Downey, Dykes, Hyatt, 
Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Woods, Wright, and Mr. President— 26. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Cason, Cobb, 
Corbin, Douglas, English, Finch, Fuller, Gifford, Hanna, Hord, Jin- 



ijens, MarsQall, McClurg, Mason, Moore, Netvlin, Staggs and Yaw- 
iQY 22. 

If It \vas so ordered. 

Senate bill No. 219, as amendedj -was read a third time. 

Tne question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the aflSrmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Oallen, Culver, Davis, Downey, Dykes, Hyatt, Mil- 
liken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
Van Bii^kirk, Ward-, Woods, Wright, and Mr. President — 26. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb^ 
Corbin, Douglas, English, Finch, Fulier, Hanna, Hord, Jinkens, 
Marshall, McClurg, Mason, Moore, Newlin, Staggs, and Vawter- — 21= 

So the bill passed. 

' The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered.^ That the Secretary inform the House thereof. 

The hour having arrived for the special order, the Senate proceeded 
to the consideration of Senate bill No. 285. 

Mr. Cullen offei-ed the following amendment : 

Insert in line 8th, section 8, after the word " State," the following : 
" As fast as moneys, from year to year, accumulated in said State 
Debt Sinking Fund ; which said fund is irrevocably pledged for the 
redemption of said stocks and bonds." 

Mr. Brown, of Wells, moved the previous question. 
^; Which Was seconded by the Senate. 

1^ The question now Recurs, shall the main question be put? 
It was so ordered, 
S. ^.—27 



41S I 



Tlie question being on Mr. Cullen's araendmenf. j 

It was adopted. * . i 

! 

The question recurring on the adoption of the amendment proposerl | 
hj the majority report of the Committee, 

Messrs. Chapman and Brown demanded the ayes and noes. 
Those who voted in the affirmative were, 

Messrs. Bennett, Bonham, Bowman, Bradley, Brown of Wells, 
Cason, Cobb, Corbin, Callen, DaviSj Douglas, Downey, Dykes, English^ 
Finch, Gilford, Hanna, Hyatt, Jinkens, Marshall, McClurg, Mason, 
Milliken, Moore, Newlin, Niles, Oyler, Richmond, Staggs, Van Bus- 
kirk, and Mr. President— '81. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Beeson, Brown of Hamilton, Cason, Chap- 
man, Culver, Hord, Noyes, Reagan, Terry, Thompson^ Yawter, Ward, 
Woods, and Wright — 16. 

So the amendment was adopted. 

The question being on the adoption of the amendment to the title. 
It was adopted. 

Mr. Bennett moved to consider the amendments engrossed, and 
read the bill a third time now. 

Which was agreed to. '• 

Mr. Bennett moved the previous question. 
Which was seconded by the Senate. 

The question being, shall the main question be now put ? 
It was so ordered. 

House bill No. 285, entitled " an act to abolish the Indiana State 
Agency in the city of New York, the Board of Sinking Fund Com- 
missioners of this State, and all the offices connected therewith ; to 
invest the moneys belonging to said fund, and the State Debt Sinking 
Fund, in the stocks and bonds of the State, and to transfer the busi- 
ness of said Board of Sinking Fund to the office of Auditor and 
Treasurer of State ; and also to provide for the adjustment of ths 



419 

debt of the State by issuing coupon bonds for the present five per 
cent, registered stocks of the State, and declaring an emergency to 
exist for the passage of this act," 
Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass t 

Those who voted in the affirmative were. 

Messrs. x\llison, Bennett, Bonham, Bowman, Bradley, Brown of 
Wells, Carson, Cobb, Corbin, Cullen, Davis, Douglas, Downey, Dykes 
Finch, Gifford, Hanna, Hyatt, Jinkens, McClurg, Mnson, Milliken. 
Newlin, Niles, Oyler, Richmond, Staggs, Van Buskirk, Vawter and 
Mr. President— 30. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Brown of Hamilton, Cason, Chapman, 
Culver, English, Fuller, Hord, Marshall, Moore, Noyes, Reagan^ 
Terry, Thompson, Ward, Woods and Wright — 18. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Finch asked and obtained leave to introduce 

Senate bill No. 213, entitled an act to amend the first and fourth 
sections of an act, entitled " An act to re-organize the Evansville 
Insurance Companies, chartered under the several acts of February 
8th, 1836, and January 21st, 1850." 

Which was read a first time and passed to a second reading. 

On motion by Mr. Van Buskirk, 
The Senate adjourned. 



m 



2 o'clock, p. M.- 
The Senate met. 

The hour having arrived for the special order, 

The Senate proceeded to the consideration of Senate bill No. 40.- ' 

The question being on the adoption of Mr, Colver's amendment. | 

Mr. Dunning withdrew his demand for a division of the question. 

Mr. Beeson offered the following amendment to the amendment : \ 

Strike out sill after the word " act," in said amendment, and insert, 
"locate an Agricultural College in the county of Wayne, by her citi- 
zens depositing §100,000 dollars in the Citizens' Bank of Richmond? 
subject to th« order of the Board of Trustees of said College for 
the use of said College." 

The question being on the adoption of Mr. Beeson's amendment, 

Mr. Bennett asked for a division of the question. 

Mr. Vawter moved to lay the amendment of Mr. Beeson to the 
amendment of Mr< Culver, on the table. 

^lessrs. Vawter and Beeson demanded the ayes and noes. 

Those who voted in the affirmative were, 

M^essrs. Barker, Bowman, Bradley, Carson^ Cobb, Corbin, Douglas, 
English, Finch, Gifford, Hanna, Jinkens, Marshall, McClurg, Mason, 
Moore Newlin, Staggs, Yawter, Williams, Woods and Mr. President 

—22. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, CuUen, Culver, Davis, Downey, Dykes, Fuller, 
Hyatt, Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry^ 
Thompson, Van Buskirk, Ward and Wright — 25. 

So the amendment does not lie on the table. 



421 

Mr. Van Buskirk moved t<5 recommit to special committee with 
instructions to. report a bill supplemental to the act of last winter, 
authorizing the Trustees of the Indiana Agricultural College to locate 
said College at such place as to them may seem best. 

Mr. Cullen moved to lay the motion on the table. 

Messrs. Cullen and Van Buskirk demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bonkam, Bowman, Bradley, Brown of Hamilton, 
Oarson, Cobb, Corbin, Cullen, Culver, Downey, Finch, Fuller, Gilford, 
Hanna, Hord, Jinkens, Marshall, McClurg, Mason, Milliken, Moore, 
NewHn, Oyler, Reagan, Richmond, Staggs, Terry, Vawter, Ward, 
Williams, Woods and Mr. President — 84. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Cason, Chapman, Davis, Doug- 
las, Dykes, English, Hyatt, Niles, Noyes, Thompson, Van Buskirk 
and Wright — 15. 

Mr. Thompson offered the following : 

Resolved, That if the citizens of Marion count}'-, or any part of 
them, shall, within the next five days, or before the 19th inst., offer 
for the use and location of the Agricultural College, two hundred 
acres of land, situated within three miles of Indianapolis, and suit- 
able for the location of said College, and shall offer one hundred 
thousand dollars to be expended in the erection of suitable buildings 
on said location, then the said Agricultural College, should be located 
on said land, and in Marion county, Indiana. 

So the motion was laid on the table. 

Mr. Cason introduced the following resolution : 

Resolved, That the Senate proceed to vote viva voce for a place to 
locate the Agricultural College, and the place receiving the majority 
of the votes shall be the place where said College shall be located, 
and the bill now under consideration shall be recommitted with instruc- 
tions to amend the hill bj inserting the same. 



422 

The question being on the adoption of the resolution, 

Mr. Cull en moved the previous question. 
"Which Avas seconded by the Senate. 

The question being, shall the main question be now put? 
It was so ordered. 

The resolution was then adopted. 

And the Senate proceeded to vote under the resolution 
The result of the first vote was as follows : 

Those who voted for Indianapolis were, 

Messrs. Allison, Brown of Hamilton, Carson, Davis, Downey, 

Dykes, English, Marshall, Niles and Thompson — 10. 

Those who voted for Bloomington were, 

Messrs. Barker, Bonham, Cobb, Corbin, Cullen, Douglas, Finch, 
Fuller, Ilord, Jinkens, Mason, Moore, Staggs, Vawter, Williams and 
Mr. President — 16, 

Those who voted for Richmond were, 

Messrs. Beeson, Bennett and Van Buskirk — 3. 

Those who voted for Tippecanoe were, 

Messrs. Cason, Chapman, Culver, Gifford, Hanna, Hyatt, McClurg, 
Milliken, Newlin, Noyes, Oyler and Woods — 12. 

No place having received a majority of the votes cast, the Senate 
proceeded to a second vote. 

Those who voted for Indianapolis were, 

Messrs. Allison, Beeson, Brown of Hamilton, Cason, Davis, Dow- 
ney, Dykes, Niles, Terry, Thompson, Van Buskirk and Ward — 12. 

Those who voted for Bloomington were, 

Messrs. Barker, Bonham, Bowman, Bradley, Cobb, Corbin, Cullen, 
Douglas, English, Finch, Fuller, Gifford, Jinkens, Mason, Moore, 
Staggs, Williams and Mr. President — 18. 



423 

Those who voted for Tippecanoe were, 

Messrs. Bennett, Cason, Chapman, Culver, Hanna, Hord, Hyatt, 
Marshall, McClurg, Milliken, Newlin, Noyes, Oyler, Reagan, Rich- 
mond, Vawter and Woods — 16. 

No place having received a majority of the votes ca?t, the Senate 
proceeded to a third vote. 

Those who voted for Indianapolis were, 

Messrs. Allison, Carson, Davis, Downey, Dykes, Niles, Thompson, 
Van Buskirk and Ward — 9. 

Those who voted for Bloomington were, 

Messrs. Barker, Bonhara, Bowman, Bradley, Brown of Hamilton, 
Cobb, Cullen, Corbin, English, Finch, Fuller, Gifford, Hord, Jinkens. 
Mason, Moore, Staggs, Vawter Williams, and Mr. President — 20. 

Those who voted for Richmond were, 
Messrs. Beeson and Bennett — 2. 

Those who voted for Tippecanoe were, 

^Messrs. Cason, Chapman, Culver, Hanna, Hyatt, Marshall, McCIurg, 
Milliken, Newlin, Noyes, Oyler, Reagan, Richmond, Terry and Wood-j 
—15. 

Mr. Douglas voting; for Huntino-ton. 

No place having received a majority of the votes cast, the Senate 
proceeded to a fourth vote. 

Those who voted for Indianapolis were, 

Messrs. Allison, Beeson, Brown of Hamilton, Davis, Downey, 
Dykes, Niies, Terry, Thompson, Van Buskirk, and Ward — 11. 

Those who voted for Bloomington were, 

Messrs, Barker, Bonham, Bowman, Bradley, Brown of Wells, Cobb, 
Corbin, Cullen, Douglas, English, Finch, Fuller, Hord, Hyatt, Jin- 
kens, Marshall, Mason, Moore^ Staggs, Vawter, Williams, and Mr. 
President — 22^ 



424 

Those who voted for Tippecanoe were> 

Messrs. Bennett, Carson, Cason, Chapnian, Culver, Gifford, HanB% 
]McClurg, Milliken, Newlin, Noyes, Oyler, Reagan^ Richmond, and 
Woods— 15. 

No plaee having received a majority of the votss cast, the Senate- 
proceeded to the fifth vote. 

Those -who voted for Indianapolis were, 

Messrs. Allison, Downey, Niles, and Thompson— 4. 

Those who voted for Bloomingtoc were, 

Messrs. Barker, Bonham, Bov/man, Bradley, Brown, of Hamilton^ 
Brown of Wells, Cobb, Corbin, Cullen, Douglas, Dykes, English,, 
Finch, Fuller, Hord, Hyatt, Jinkens, Mason, Moore, Staggs, Van- 
Buskirk, Ward, Williams, and Mr. President — 24. 

Those who voted for Tippecanoe were, 

Messrs. Beeson, Bennett, Carson, Cason, Chapman, Culver, Davis,, 
Gilford, Hanna, Marshall, McClurg, Milliken, Newlin, Noyes, Oyler, 
Reagan, Richmond, Terry, Vawter, and Woods — 20. 

No place having received a majority of the votes cast, the Senate- 
proceeded to a sixth vote. 

Those who voted for Bloomington wer«, 

Messrs. Barker, Bnnham, Bowman, Bradley, Brown of Hamilton, 
Brown of Wells, Cobb, Corbin, Cullen, Douglas, Downey, Dykes^ 
English, Finch, Fuller, Gifford, Hord, Hyatt, Jinkens, Marshall, Ma- 
son, Moore, Richmond, Staggs, Yan Buskirk, Vawtei?, Ward, Wil- 
liams, and Mr. President — 29. 

Those who voted for Tippecanoe were, 

Messrs. Allison, Beeson, Bennett, Carson, Cason, Chapman, Cul- 
ver, Davis, Hanna, McClurg, Milliken, Newlin, Noyes, Oyler,. Rea- 
gan, Terry, and Woods — 17. 

Those who voted for Indi^jjaapolis were,., 
Messrs. Thompson and Niles— 2. 



425 

Present, and refusing to vote during the whole of the preceding 
votes, Mr, Wright. 

Bloomington, Monroe county, was selected as the site for the Col- 
lege, and the bill re-committed for perfection. 

The following message was received from the House, by Mr. Nixon, 
their Clerk. 

Mr. President : 

1 am directed by the House of Representatives to inform the Sen- 
ate that the House has passed the following engrossed bill thereof^ 
to-wit : 

Engrossed House bill No. 299. A bill to legalize the official acts 
of certain officials therein named, and the acts of their deputies as 
such, while the principals were performing military service in the 
army of the United States. 

In which the concurrence of the Senate is respectfully requested. 

I am also instructed to report to the Senate that the House of 
Representatives has concurred in the engrossed amendments of the 
Senate to House bill No. 125, entitled " a bill to amend sections one 
and two of an act entitled ' an act to provide for the relocation of 
county seats, and for the erection of public buildings in counties, in 
case of such relocation,' " approved March 2, 1855. 

Mr. Cullen moved to suspend the previous order, and to take up 
Senate bill No. 293. 
"Which was agreed to. 

Engrossed Senate bill No. 293, entitled " an act to provide for the 
periodic enumeration of the white male inhabitants of this State, over 
the age of twenty-one years ; to prescribe the duties and fix the 
compensation of officers in relation thereto ; and also to prescribe the 
penalties for the violation of official duty in connection with said enu- 
meration, as well as the manner in which, and the courts by which^ 
said, penalties shall be enforced," 

Was read a third time. 

The question being on the passage of the billj 
Shall the bill pass ? 



426 I 

I 

i 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, Brown i 

of Hamilton, Brown of Wells, Carson, Cason, Cobb, Cullen, Culver, i 

Davis, Douglas, Downey, Dykes, Finch, Gilford, Hanna, Hyatt, Mar- | 

shall, McClurg, Mason, Milliken, Newlin, Niles, Noyes, Oyler, Rea- ' 

gan, Richmond, Staggs, Terry, Thompson, Vawter, Ward, Williams, | 

Woods, and Mr. President— 89. | 

Those who voted in the negative were, I 

Messrs. Bradley, Corbin, English, Fuller, Jinkens, Moore, and j 
Wright — 7. I 

So the bill passed. j 

The question being, shall the title of the bill stand as read? 

It was so ordered. ' ■' 

Ordered, That the Secretary inform the House thereof. 

Mr. Milliken moved to take up Senate bill No. 213. 
Which was agreed to. 

Senate bill No. 213 was read a second time by title. 

Mr. Milliken moved to refer the bill to the Committee on Corpora- 
tions. 

Which was agreed to. 

Mr. Bonham moved to take up House bill No. 270. 
W^hich was agreed to. 

House bill No. 270, entitled " a bill fixing the per diem and mileage 
of members of the General Assembly, Secretaries, Clerks, Door- 
keepers, and other employes thereof," 

Was read a second time. 

Mr. Bennett moved to lay section 4 of the amendment proposed by 
the Committee on the table. 

Messrs. Vawter and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were, 
Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley 



427 

Brown of Plamilton, Cason, Cobb, Cullen, Culver, Davis, Douglas, 
Downey, Dykes, Finch, Gifford, Hanna, Hyatt, Mason, Milliken, 
Moore, Newlin, Niles, Oyler, Reagan, Riclimond, Staggs, Terry, 
Thompson, Wright, and Mr. President — 32. 

Those who voted in the negative were, 

Messrs. Barker, Brown of Wells, English, Fuller, Jinkens, Noyes, 
Vawter, Ward, and Williams — 10. 

So the amendment was laid on the table. 

The question being on the adoption of the second amendment, re- 
lating to the session of 1865, 
It was agreed to. 

Mr, Bennett moved to sirike out ''four dollars,'' wherever it occurs, 
and insert "five dollars." 

Messrs. Bennett and Brown, of Wells, demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Bennett, Bonhara, Bowman, Brown of Hamilton, 
Brown of Wells, Cason, Cobb, Cullen, Culver, Davis, Dykes, Finch, 
Hanna, Hyatt, Mason, Moore, Nev.din, Oyler, Richmond, Thompson, 
Van Buskirk, Ward, and Mr. President— 24. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Bradley, Carson, Chapman, Downey, 
English, Fuller, Gifford, Jinkens, Milliken, Niles, Noyes, Reagan, 
Staggs, Vawter, Williams, and Woods — 18. 

So the amendment AVas adopted. 

On motion by Mr. Oyler, 
The Senate adjourned. 



428 



SATURDAY MORNING, 9 o'clock, \ 
December 16, 1865. j 

The Senate met. 

The Assistant Secretary proceeded to read the Journal, when, 

On motion by Mr. Vawter, 
The further reading was dispensed with. 

Mr. Marshall asked and obtained leave of absence until Tuesday 
next. 

Mr. Van Buskirk asked and obtained leave of absence until Mon- 
day next. 

Mr. Brown, of Hamilton, asked and obtained leave of absence 
until Tuesday next. 

Mr. Cullen asked and obtained leave of absence until Monday 
next. 

Mr. Vawter moved to take up Senate bills on third reading. 
Which was agreed to. 

Engrossed Senate bill No. 276, entitled an act to amend section 
twenty-six of "an act providing for the election and qualification of 
Justices of the Peace, and defining their jurisdiction, powers and 
duties in civil cases," 

Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the afl^rmative were, 
Messrs. Beeson, Bonham, Cason, Chapman, Cullen, Davis, Douglas, 
Dykes, Milliken, Oyler, Reagan, Richmond, Terry, Thompson, and 
Woods — 15. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Cobb, Corbin, Downey, English, 
Finch, Fuller, Gifi"ord, Hord, Jinkens, McClurg, Mason, Moore, New- 



429 

lin, Noyes, Staggs, Vawter, Ward, Williams, Wright, and Mr. Presi- 
dent— 23. 

So the bill did not pass. 

Engrossed Senate bill No. 278. An act to amend section thirty- 
five of an act entitled '• an act to provide for the valuation and 
appraisement of the real and personal property, and the collection 
of taxes in the State of Indiana ; for the election of township asses- 
sors, and prescribing the duties of assessors, appraisers of real prop- 
erty, County Treasurers and Auditors, and of the Treasurer and 
Auditor of State," approved June 21, 18o2, and providing when the 
same shall take effect. 

Was read a third time. 

The question being on the passage of the bill. 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Barker, Bradley, Carson, Cobb, Corbin, Douglas, Do-vvney- 
Dykes, -English, Finch, Fuller, Gifford, Hord, Hyatt, Jinkens, Mason, 
Miliigan, Moore, Newlin, Noyes, Reagan, Richmond, Staggs, Thomp- 
son, Yawter, Ward, Williamsj Woods, Wright, and Mr. President — 30 

Those who voted in the negative were, 

Messrs. Beeson, Bonham, Bowman, Cason, Chapman, Cullen, Cul- 
ver, Davis,Oyler and Terry — 10. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 282. A bill providing for the employ- 
ment of watchmen in any of the cities of this State, and providing 
for their payment. 

Was read a third time. 

The question being on the passage of the bill, 
'- Shall the bill pass ? 



430 I 

I 
Those who voted in the afErmative were, , 

Messrs. Allison, Barker, Beeson, Bonham, Cason, Chapman, Cor- 
bin, Cullen, Culver, Davis, Douglas, Downey, Dykes, English, Finch, ! 
Fuller, Giflford, Hyatt, McClurg, Milliken, Moore, Newlin, Noyes, 
< )Yler, Reagan, Staggs, Terry, Thompson, Vawter, Ward, Williams, 
Woods and Wright — 34. 

Those who voted in the negative were, 
Messrs. Bradley, Carson, Hord, Jinkcns, and Mason — 5. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered,^ That the Secretary inform the House thereof. 

Engrossed Senate bill No. 283. Entitled "a bill to authorize the 
Common Council of any town in this State, to appoint a town attor- 
ney and providing compensation therefor.' 

Was read a third time. 

Tne question being on the passage of the bill, 

Shall the bill pass ? Jj; 

Those who voted in the afiBrmative were, 

Messrs. Allison, Beeson, Bonham, Carson, Cason, Chapman, Cor- 
bin, Culver, Davis, Douglas, Downey, Dykes, Finch, GiSTord, Hyatt, 
McClurg, Mason, Newlin, Oyler, Reagan, Richmond, Staggs, Terry, 
Thompson, Vawter, Ward, Williams and Woods — 28. 

Those who voted in the negative were, 

Messrs. Barker, English, Fuller, Hord, Jinkens, Moore, Noyes 
and Wright — 8. 
So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Senate bill No. 295. Entitled, an act to amend the 38d section of 



431 

an act entitled, "an act to provide for a general system of common 
schools, the officers thereof, and their respective powers and duties, 
and matters properly connected threwith, and prescribing the fees 
for certain officers therein named, and for the establishment and reg- 
ulation of township libraries, and to repeal all laws inconsistent 
therewith, and providing penalties therein prescribed," approved 
March 6, 1865. 

Was read a third time. 

The question being on the passage of the bill^ 
Shall the bill pass. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Carson, 
Cason, Chapman, Corbin, Culver, Davis, Douglas, Dykes, Finch^ 
Fuller, Gifford, Hyatt, McClurg, Mason, Milliken, Oyler, Reagan- 
Richmond, Terry, Thompson, Ward, Woods and Wright— 28. 

Those who voted in the negative were, 

Messrs. Downey, English, Hord, Jinkens, Moore, Newlin, Staggs 
and William^s — 8. 
So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Cason moved to take up House bill No. 119. 
Which was agreed to. 

House bill No. 119 with Senate amendments, entitled a bill to 
establish and create a State Normal School, and matters connected 
therewith. 

Was read a third time. 

^~ Pending which, 

The following meseage was received from the House by Mr. Nixon 
their clerk. 

Mr. President: 

I am directed by the House of Representatives to inform tke Sen- 



432 

ate that tlie House has passed the following engrossed bills thereof, 

to-wit : 

Engrossed House bill No. 123. A bill to declare forfeited the 
I'itrht of way of certain railroad companies to branch roads, no part 
of which has been completed, and upon which no work has been 
done for ten years, and declaring that the right of way aforesaid, 
shall revert to the land owners along the route thereof. 

Engrossed House bill No. 184. A bill to amend an act regulating 
the fees of officers, and repealing former acts in relation thereto. 

Engrossed House bill No. 231. A bill to protect lawful public 
notices, and prescribing a penalty for injuries thereto. 

Engrossed House bill No. 220. A bill to amend the fourteenth 
section of an act entitled " an act to limit the number of Grand Ju- 
rors, and to point out the mode of their selection ; defining their 
jurisdiction, and repealing all laws inconsistent therewith," so as to 
give the Grand Jury concurrent jurisdiction with the Courts of Com- 
mon Pleas, and Justices of the Peace, of misdemeanors, except in 
leases where the fine cannot exceed three dollars. 

Engrossed House bill No. 294. A bill providing for securing to 
the common school fund sums forfeited on recognisances, and fixing 
the mode for declaring their forfeiture. 

EncTOssed House bill No. 96. A bill to enable railroads to make 
local alterations in their lines, in certain cases. 

Engrossed House bill No. 313. A bill to abolish the office of Presi- 
dent and Commissioners of the Sinking Fund ; transferring said 
Sinking Fund, and the management thereof, to the Auditor and Treas-^ 
urer of State, and defining their duties in relation thereto ; providing 
for the investment of the Sinking Fund in the stocks of the State, 
the execution of non-negotiable bonds in certain cases, and for the 
distribution of interest accruing to said Sinking Fund, and declaring 
an emergency. 

En^^rossed House bill No. 196. A bill to extend the time allowed 
by law for the completion of gravel roads for the term of one year, 
in cases therein specified. 

In all of which the concurrence of the Senate is respectfully re- 
quested. 



43g 

^hfe question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, Browia 
of Wells, Carson, Cason, Chapman, Corbin, Callen, Culver, Davis, 
Douglas, Downey, Dykes, Finch, Fuller, Giflford, Hyatt, McClurg. 
Mason, Milligan, Niles, Noyes, Oyler, Eeagan, Richmond, Terry, 
Thompson, Ward, Woods, Wright, and Mr. President — 35. 

Those who voted in the negative were, 

Messrs, Bradley, Cobb, English, Jinkens, Moore, Newlin, Staggg, 
■and Williams — 8. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so cfdered. 

i Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No."S96, entitled " an act to empower cities 
to construct gas works, and to issue bonds to procure the funds, ani. 
levy a tax for their payment," 

Was read a third time. 

The question being on the "passage of the bill, 
Shall the bill pass? 

Those who voted in the afnrmative were^ 

Messrs. Allison, Barker, Beeson, Bennett, Bonhaim, Bowmairs, 
Bradley, Carson, Cason, Chapman, Cobb, Cullen, Davis, Douglas, 
Downey, Dykes, English, Finch, Fuller, Giflbrd, Hyatt, Jinkens, Ma- 
son, Milligan, Niles, Oyler, Reagan, Richmond, Staggs, Terry, 
Thompson, Ward, Williams, Woods, Wright, and Mr, President— 37. 

None voting in the negative 
Bo the bill passed. 
S, J.— 28 



434 

The question being, shall the title of the bill stand as read t 
It "Was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 303, entitled " an act to legalize and 
declare valid and efifectual all the orders, judgments, and other pro- 
ceedings, made, rendered and had by and before the Court of Com- 
mon irMeas of Whitley county, in this State, held in the Court House 
In said county, in the month of March, 18(:?5, and then and there be- 
fore the regular judge of said court," 

Was read a third time. 

The question being on the passage of the bill,- \ 

Shall the bill pass ? \ 

Those who voted in the affirmative were, j 

Messrs. Allison, Barker, Beeson, Bennett, Bonham., Bowma'n,- 
Bnidley, Brown of Wells, Carson, Cason, Chapm.an, Cobb, Corbin^ 
Cullen, Davis, Douglass, Downey, Dykes, English, Finch, Fuller, 
Gifford, Hanna, Hord, Syatt, Jinkens, McClu?g, Mason, Millikenv 
Kiles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson,' 
Ward, Williams, Waods, Wright, and Mr, President — '42. 

None voting in the negative. 

I 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was 30 ordered. 

Ordered, That the Secretary inform the liouse thereof. 

Engrossed Senate bill No. 305, entitled an act in relation to the' 
laying out and opening of public highways. 
Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, BonharCj Bowmais, 



435 

Brown of Wells, Carson, Cason, Cobb, Cullen, Oavis, Douglass, 
Downey, Dykes, English, Finch Gifford, Hyatt, Jinkens, McClurg, 
Mason, Milliken, Moore, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Ward, Williams, Woods, Wright, and Mr. 
President — 37. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 307, entitled an act regulating the fare 
to be charged by railroad companies in the State, for the transporta- 
tion of passengers over their roads, and providing the remedy for 

all violations thereof. 

t 

Was read a third time. 

The question being on the passage of the bill. 
Shall the bill pass ? 

Mr. Oyler moved to recommit the bill to the Judiciary Committee 
with instructions to inquire into the constitutionality of the bill. 

Pending which, 

A message was received from the House by Mr. Nixon, their clerk. 

The question being on Mr. Oyler's motion, 

Messrs. Oyler and Allison demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bradley, Brown 
of Wells, Carson, Cason, Chapman, Cobb, Davis, Douglass, Dykes. 
Finch, Fuller, Hanna, McClurg, Milliken, Newlin, Niles, Oyler, Rea- 
gan, Richmond, Terry, Thompson, Ward, and Mr. President — 28. 

Those who voted in the negative were, 

Messrs. Bowman, Corbin, Downey, English, Gifford, Hord, Hyatt,. 
Jinkens, Mason, Moore, Staggs, Vawter, Woods, and Wright — 14. 
So the bill was recommitted. 



436 •' 

Mr. Brown, of Wells, moved to take up House bill No. 158. 
Which was agreed to. 

The amendments adopted by the House were then read. 

Mr. Brown, of Wells, moved to concur in the amendments. 
Which was agreed to. 

Mr. Bennett moved to take up House bill No. 270. 
Which was agreed to. 

Mr. Allison moved to strike out $2 00, wherever it occurred, and 
insert §2 50, with reference to pages. 

Mr. Yawter objected. 

House bill No. 270. A bill fixing the per diem and mileage of 
members of the General Assembly, Secretaries, Clerks, Doorkeepers, 
and other employees thereof. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Wellg, Car- 
son, Cason, Chapman, Cobb, Davis, Douglas, Downey, Dykes, Eng- 
lish, Finch, Giflford, Hanna, Hyatt, McClurg, Mason, Newlin, NileSj 
Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Ward, Wright, 
and Mr. President — 82. 

Those who voted in the negative were, 

Messrs. Barker, Corbin, Fuller, Jinkens, Milligan, Moore, Noyes, 
and Vawter — 8. 

So the bill passed. 

The question being, shall tlie title of the bill stand as read ? 
It was 80 ordered. 

Ordered, That the Secretary inform the House thereof. 



437 

Mr. Oyler moved to take up House bill No. 123, 
Which was agreed to. 

Engrossed House bill No. 123, entitled a bill to declare forfeited 
the right of way of certain railroad companies to branch roads, no 
part of which has been completed, and upon which no work has been 
done for ten years, and declaring the rights of way aforesaid shall 
revert to the land-owners along the route thereof. 

Was read a first time. 

Mr. Oyler moved to suspend the rules, and read the bill by title a 
second time now. 

A constitutional provision requiring the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonhani, Bowman, 
Brown of Wells, Cason, Chapman, Cobb, Corbin, Davis, Douglas, 
Downey, Dykes, Fuller, Gilford, Hanna, Hyatt, Jinkens, McClurg. 
Mason, Milligan, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Rich- 
mond, Staggs, Thompson, Vawter, Ward, Woods, Wright, and Mr. 
President— 38. 

None voting in the negative. 

So the rules were suspended, and House bill No. 123 was read a 
second time by title. 

Mr. Oyler moved to refer to a select committee of five, 
Which was agreed to, 

Messrs. Oyler, Moore, Cobb, Thompson, and Williams were ap- 
pointed said committee. 

On motion by Mr. Oyler, 
The Senate adjourned. 



438 



2 o'clock p. m. 
The Senate met. 

Mr. Vawter moved to suspend the previous order, and take up 
House bill No. 95, 
Which was agreed to. 

Engrossed House bill No. 95. A bill to enable railroads to make 
local alterations in their lines in certain cases. 

Was read a first time, and passed to a second reading. 

Mr. Dykes moved to take up House bill No. 239, 
Which was agreed to. 

Eno-rossed House bill No. 239. A bill to authorise manufacturing 
companies to erect a dam across the St. Joseph river in Elkhart 
county. 

Was read a first time, and passed to a second reading. 

Mr. Thompson moved to take up House bills Nos. 277, 278, 279, 
280, and 300, 

Which was agreed to. 

Engrossed House bill No. 277. A bill to amend sections two and 
five of an act entitled " an act providing for an organization of Cir- 
cuit Courts, the election of Judges thereof, and defining their powers 
and duties," approved June 1, 1852, and providing for criminal and 
civil courts, 

Was read a first time, and passed to a second reading. 

Engrossed House bill No. 278. A bill creating the Sixteenth 
Judicial Circuit and providing for the election of a Judge and Prose- 
cuting Attorney thereof, and declaring its jurisdiction, and providing 
for a transfer of actions thereto. 

Was read a first time, and passed to a second reading. 

Engrossed House bill No. 279. A bill to amend sections nine and 
ten of an act entitled " an act prescribing the powers and duties of 
Justices of the Peace in State prosecutions." 

Was read a first time, and passed to a second reading. 



Engrossed House bill No. 280. A bill to am^nd section 14 of aa 
act entitled "an act to limit the Grand Jurors, and to point out the 
mode of their selection, defining their jurisdiction, and repealing ail 
laws inconsistent therewith," approved March 4, 1852. 

Was read a first time and passed to a second reading. 

House hiW No. 300. A bill to amend section 19 of an act entitle'! 
" an act to revise, simplify and abridge the rules, practice, pleadings 
and forms in criminal actions in. the Courts of this State," approved 
June 17, 1862. 

Was read a first time and passed to a second reading. 

Mr. Brown, of Wella, moved to take up House bills on first reading. 
W^hich was agreed to. 

Engroeeed House bill JNo. 25. An act to repeal an act entitled 
■"' an act to prohibit the evidence of India^is and persons having one- 
eighth or more of negro blood, in all cases where white persons are 
parties in interest," approved February 14, 1853, and so much of all 
other laws as render persons incompetent as witnesses on account of 
their color. 

Was read a first time and passed to a second reading. 

Engrossed House bill No. 41. A bill to legalize sales by guard- 
ians under orders defective in net prescribing notice. 
Was read aiirst time and passed to a secoud reading. 

Engrossed House bill No. .86. An act giving the consent of the 
(State of Indiana to, and authorizing the digging or constructing of a 
-ditch or canal from the Little Calumet river to the Grand Calumet 
river, both in Lake county, in this State, and requiring the Attorney 
General to defend such suits or actions at law as may be brought 
against the parties who may be prosecuting said work. 

Was read a first time and passed to a second reading. 

Engrossed House bill No« 184. A bill to amend an act regulating 
the fees of officers, and repealing former acts in relation thereto. 
Was read a first time and passed to a second reading. 

Engrossed House bill No. 196. A bill to extend the term allowed 
by the law for the completion of gravel roads for the term of one 
year, in cases therein specified. 

Was read a first time a-nd p.assed to a second reading. 



440 

House bill No. 220. An act to am&nd the fourteenth section of 
an act entitled " an act to limit the number of Grand Jurors, and to 
point out the mode of their selection, and repealing all laws incon- 
sistent therewith, so as to give to the Grand Jury concurrent juris- 
diction Avith the Courts of Common Pleas, and Justices of the Peace 
of misdemeanors, except in cases where the fine cannot exceed three- 
dollars.'' 

Was read a first time and passed to a second reading. 

Engrossed House bill No. 231, entitled a bill to protect lawful 
public notices, and prescribing a penalty for injuries thereto. 
Was read a first time and passed to a second reading. 

Engrossed House bill No. 117, entitled a bill to amend sections- 
39, 42, 45 and 54, of an act entitled " an act for the incorporation 
of Insurance Companies, defining their powers, and prescribing their 
duties," approved June 17, 185U. 

Was read a first time and passed to a second reading. 

Eno^rossed House bill No. 237. A bill to amend section 35 of an 
o 

act to provide for a general system of Common Schools, the officers 
thereof, and their respective powers and duties, and matters properly 
connected therewith, and prescribing the fees of certain oflicers therein 
named; and for the establishment and regulation of Township Libra- 
ries, and to repeal all laws inconsistent ther-ewith, and providing penal- 
ties therein prescribed, approved March 6, 1865. 

Was read a first time, and passed to a second reading. 

Engrossed House bill No. 254, entitled a bill to amend sections 5., 
14 and 17 of an act entitled •' an act incorporating the town of Hun-* 
tington,"' approved February 16, 1848, 

Was read a first time, and passed to a second reading. 

Engrossed House bill No. 204, entitled a bill providing for securing 
to the Common School Fund sums forfeitewl on recognizances, and 
fixing the mode for declaring their forfeiture. 

Was read a first time, and passed to a second reading. 

Engrossed House bill No. 299, entitled a bill to legalize the official 
aets of certain officers therein named, and the acts of their Deputies 
as such, while the principals were performing military service in the- 
army of the United States, 

Was read a first time, and passed to a second reading.. 



441 

The following message was received from the House, by Mr. Nixon,;, 
their Clerk. 

Mr. President : 

I am directed to inform the Senate that the House of Representa- 
tives has passed the following engrossed bill thereof, to-wit : 

Engrossed House bill No. 189. A bill to amend section 52 of an, 
act entitled ''an act to amend an act to authorize and regulate the 
business of general banking," passed the House and Senate of the 
General Assembly, the Governor's objections thereto notwithstanding, 
on the 3d day of March, 1855. 

In which the concurrence of the Senate is respectfully requested. 

Engrossed House bill No. 313, entitled a bill to abolish the office 
of President and Commissioners of the Sinking Fund, transferring 
said Sinking Fund, and the management thereof, to the Auditor and 
Treasurer of State, and defining their duties in relation thereto ; pro- 
viding for the investment of the Sinking Fund in the stocks of tke- 
State ; the execution of non-negotiable bonds in certain cases, and 
for distribution of interest according to said Sinking Fund, and de- 
claring an emergency, 

Was read a first time and passed to a second reading,. 

Senate bill No. 309 was read a second time by title, and^ 

On motion by Mr. Allison, 
Referred to the Committee on Corporations. 

Mr. Cobb asked and obtained leave to introduce Senate bill No. 314. 

Mr. Cobb moved to suspend the rules and read the bill a second 
time now. 

A constitutional provision requiring the ayes and noes. 
Those who voted in the affirmative were, 

Messrs, Allison, Bonham, Bowman, Bradley, Brown of Wells^ 
Carson, Cason, Chapman, Cobb, Corbin, Culver, Davis, Downey^ 
Dykes, English, Finch, Fuller, Gifford, Hanna, Hyatt, McClurg, Mil- 
liken, Newlin, Niles, Oyler, Richmond, Staggs, Terry, Thompson, 
Vawter, Ward, Williams, Woods, Wright and Mr. President— 35, 



442 

Those who voted in the negative were, 

Messrs. Barker, Hord, Jinkens and Moore — 4. 

So the rules were suspended and Senate bill No. 314 was read a 
second time. 

Mr. Cobb moved to suspend the rules and read the bill a third 
■cime now. 

Mr. Hord moved to amend by referring to the Committee on Fi- 
nance. 

Which was accepted and agreed to. 

Mr, Hanna, from the Committee on Corporations, asked and 
obtained leave to make the following report: 

Mr. Presideni: 

The Committee on Corporations, to whom was referred Senate bill 
No. 313, entitled "an act to amend the first and fourth sections of 
an act to reorganize the Evansville Insurance Company, chartered 
under the several acts of February 8, 1838, and July 21, 1850, 
respectfully report that they have had the game under consideration 
and have instructed me to report it back to the Senate without 
amendment, and recommend its passage. 

Which report was concurred in. 

Engrossed Senate bill No. 313, entitled an act to amend the first 
and fourth sections of an act entitled "an act to reorganize the 
Evansville Insurance Company, chartered under the several acts of 
February 8, 1838, and January 21, 1850. 

Was read a second time and passed to a third reading. 

Mr. Oyler, from a select committee of five, to whom was referred 
House bill No. 123, asked and obtained leave to make the following 
report : 

Mr. President : 

The| special committee, to whom Avas referred House bill No. 123, 
entitled "^an act to declare forfeited the right of way of certain 
railroad companies to branch roads, no part of which has been com- 
pleted, and upon whi<:h no work has been done for ten years, and 



443 

declaring the right of waj' aforesaid, shall revert to the land owners 
I along the route thereof," have had the same under consideration, 
i and having duly considered the same, have instructed me to report 

the bill back to the Senate ^Yithout amendment, and recommend its 

passage. 
I Which report was concurred in*. 

House bill No. 123 was read a second time and passed to a third 
reading. 

.' Engrossed Senate bill No. 308. To provide for the relief of per- 
sons, or the heirs or assignees of persons who have made entries of 
United States lands as swamp lands belonging to this State, in cases 
where they have not been confirmed as such, or when otherwise the 
State was incompetent to make a good title, and who have paid the 
prices thereof to the officers of the State authorized by law to re- 
ceive the same. 

Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Bradley, Brown of 
Wells, Carson, Cason, Chapman, Cobb, Culver, Davis, Douglas, 
Downey Dykes, English, Finch, Fuller, Gifford, Hanna, Hyatt, Jin- 
kens, McClurg, Milliken, Moore, Newlin, Noyes, Oyler, Richmond, 
Staggs, Terry, Thompson, Vawter, Ward, Williams, Woods, Vv^right 
and Mr. President — 38. 

None voting in the negative. 
So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed Senate bill No. 159. An act to authorize the erection 
and maintenance of Houses of Refuge, or Schools of reform, by 
cities, and the confinement therein of certain persons. 

Was read a third time. 



444 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative Avere, 

Messrs. Allison, Barker. Bonham, Bowman, Bradley, Brown of 
Wells, Carson, Cason, Chapman, Cobb, Culver, Davis, Douglass, 
Downey, Dykes, English, Finch, Fuller, Gilford, Hanna, Hord, Hyatt, 
Jinkens, McClurg, Milliken, Newlin, Noyes, Oyler, Richmond, Staggs, 
Terry, Thompson. Yawter, Ward, Williams, Woods, Wright and . 
Mr. President— 38. 

Mr. Moore, only, voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as rend? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Dunning ( Mr. Williams in the Chair.) moved to proceed to 
the consideration of Senate bill No. 313. 

The question being on Mr. Vawter's motion to suspend the rules 
and read the bill a third time now. 

A constitutional provision requring the ayes and noes. 

Those who voted in the affirmative were 

Messrs. Allison, Barker, Bonham, Bowman, Bradley, Brown of, 
Wells, Carson, Cason, Chapman, Cobb, Culver, Davis, Douglas, 
Downey, Dykes. English, Pinch, Fuller, Gifford, Hanna, Hord,; 
Hyatt, Jinkens, McClurg, Milliken, Moore, Newlin, Noyes, Oyler, : 
Richmond, Staggs, Terry, Thompson, Vawter, Ward, Williams,; 
Woods, Wright, and Mr. President — 39. 

None voting in the negative. 

So the rules were suspended. 

Engrossed Senate bill No. 313, entitled an act to amend the first 
and fourth sections of an act entitled " an act to reorganize the , 



445 

Evansville Insurance companies, chartered under the several acts of 
February 8, 1838, and January 21st, 1850* 
Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass? , 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bo-\vman, Bradley, Brown of 
Wells, Carson, Cason, Chapman, Cobb, Culver, Davis, Douglas, 
Downey, Dykes, English, Finch, Fuller, Gifford, Hanna, Hord, 
Hyatt, Jinkens, McClurg, Milliken, Moore, Newlin, Noyes, Oyler, 
Richmond, Staggs, Terry, Thompson, Vawter, Ward, Williams, 
Woods, Wright and Mr. President — 39. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

Mr. Chapman, from the Committee on Finance, asked and obtained 
leave to make the following report : 

Mr. President : 

The Committee on Finance, to whom was referred Senate bill No. 
314, entitled " an act to authorize the Board of Sinking Fund Commis- 
sioners to im est any monies belonging to said Fund in the Indiana State 
j bonds or stocks, or in United States srocks ; and, when invested in 
[ Indiana State bonds or stocks, to provide for the cancellation of such 
. bonds or stocks, and for the issuing of new non-negotiable bonds, for the 
benefit of the School Fund," have had the same under consideration, 
: and have directed me to report the same back without amendment, 
' and recommend its passage. 

Mr. Hord ofi'ered the following amendment : 

Strike out of fifth section ''six per cent," and insert "at the rates 
of interest the several bonds so t^aken up may have byrne." 



446 ^ 

The question being on the adoption of Mr. Hord' s amendment, 
Mr. Brown, of Wells, moved to lay the amendment on the table. 

Messrs. Hord and Yawter demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Bonham, Bowman, Bradley, Brown of Wells, 
Carson, Cason, Chapman, Cobb, Corbin, Culver, Davis, Douglas. 
Downey, Dykes, English, Finch, Fuller, Gilford, Hanna, Hyatt, 
•Tinkens, McClurg, Milliken, Newlin, Noyes, Oyler, Richmond, Staggs, 
Terry, Thompson, Woods, Wright, and Mr. President — 34. 

Those who voted in the negative were, 

Messrs. Barker, Hord, Moore, Vawter, and Williams — ^5. 
So the amendment lies on the table. 

Mr. Hord offered the following amendment : 

Strike out of section so much as authorizes an investment of I 

fund in seven-thirty United States Bonds. 

Mr. Culver moved to lay the amendment on the table. 

Messrs. Moore and Hord demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Brown of Wells, Cason, Chapman, Cobb, Corbin, 
Culver, Davis, Douglas, Dykes, English, Hanna, Hyatt, Jinkens, 
McClurg, Milliken, Noyes, Oyler, Richmond, Staggs, Terry, Thomp- 
son, Woods, Wright and Mr. President — 25. 

Those Avho voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Cason, Downey, Finch, Fuller, 
Gii^'ord, Hord, Moore, Newlin, Vawter and Williams — 13. 
So the amendment lies on the table. 

Mr. Brown, of Wells, moved to suspend the rules, and read the* ; 
bill a third time now. 

A constitutional provision requiring the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Brown of Wells, Oar- ? 



447 

3on, Cason, Chapman, Cobb, Corbin, Culver, Davis, Douglas, Dow- 
ney, Dykes, English, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, 
Jinkens, McCIurg, Milliken, Newlin, Noyes, Oyler, Richmond, 
Staggs, Terry, Thompson, Vawter, Woods, Wrjght, and Mr. Presi- 
dent— 36. 

Those who voted in the negative were, 

Messrs. Moore and Williams — 2. 
8o the rules were suspended. 

Senate bill No. 314, entitled, an act to authorize the board of 
Sinking F*und Commissioners to invest any moneys belonging to 
said Fund, in the Indiana State Bonds or Stocks, or in United States 
Stocks, and, when invested in Indiana State Bonds or Stocks, to pro- 
vide for the cancellation of such bonds or stocks, and for the issuinsr 
of new non-negotiable bonds for the benefit of the school fund. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Brown of Wells, Ca;rson, Cason,- 
Chapman, Cobb, Corbin, Culver, Davis, Douglas, Downey, Dykes,- 
English, Finch, Gifford, Hord, Hyajt, Jinkens, McCiurg, Milliken,- 
Newlin, Noyes^ Oyler, Richmond, Staggs, Terryj Thompson, Vawter. 
Woods, Wright and Mr. President— 33. 

Those who voted in the negative were, 

Messrs. Bowman, Fuller, Moore and Williams — 4. 
So the biH passed. 

The question being, shall the title of the bill stand aa read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mi'. Allison, from the Judiciary Committee, asked and obtained 
leave to make the following report : 

Mr. President: 

The Committee on the Judiciary, to whom was referred Senate' bill 



448 

No. 294, " an act to amend the eighteenth and nineteenth sections cf 
an act prescribing the powers and duties of Justices of the Peace in 
State prosecutions, have had the satoe under co^isideration, and have 
'■instructed me to report the same back without amendment, an t 
recommend its passage. 

Which report was =concur^"ed in. 

Senate bill No. 294 was read a second time and passed to a third 
feading. 

Mr. Finch moved to take up Senate bill No. 312. 
Which was agreed to. 

Engrossed Senate bill No. 312. An act to amend the title of an 
act concerning licenses to vend foreign merchandise, to exhibit any 
caravan, menagerie, circus, rope and wire dancing, puppet-show and 
legerdemaine, so as to embrace the subject of said bill and matters 
'properly connected therewith. 

Was read a third time. 

The question being on the, 'passage of the bill, 

■Shall the bill pass ? 

i 
Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Brown of Wells^ 
Carson, Cason, Cobb, Culver, Davis, il^ouglas, Downey, Dykes, 
English, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, Jinkens, Mc* 
Ourg, Milliken^ Moofe, Newlin, Noyes, Oyler, Richmond, Staggs^ 
Terry, Thompson, Vawter, Williams, Woods, Wright and Mr. Presi* 
de:2t— 36. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered,^ That the Secretary inform the House thereof. 

Senate bill No. 310. An act to amend sections one and two of aJl 
act entithd " an act to enable the owners of wet lands to drain and 



449 

declaim them when the same cannot be done without affecting the 
^ands of others," approved March 7, 1863. 
"Was read a third time. 

The question being on the passage of the bill. 
Shall the bill pass ? 

Those who voted in the affirmative were-, 

Messrs. Allison, Barker, Bonham, Bowman, Brown of Wells, Car- 
son, Cason, Chapman, Cobb, Corbin, Davis, Douglas, Downey, Dykes, 
English, Finch, Fuller, Gifford, Hanna, Hyatt, McClurg, Milliken, 
Newlin, Noyes, Oyler, Richmond, Staggs, Terry, Thompson, Woods-. 
Wright and Mr. President — 32. 

Those who voted in the negative were, 

Messrs. Culver, Jinkens, Moore and Williams — 4, 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed House bill No. 189. A bill to amend section fifty-two 
of an act entitled *' an act to amend an act to authorize and regulate 
the business of general banking, passed by the House and Senate of 
the General Assembly, the Governor's objection thereto notwith- 
standing, on the third day of March, 1855. 

Was read a first time and passed to a second reading. 

Mr. Brown, -of Wells, moved a call of the Senate. 
Which (vas agreed to. 

Those who answered to the call of their names were, 

Messrs. Allison, Barker, Bonham, Bowman, Brown of Wells, Carl- 
son, Cason, Chapman, Cobb, Corbin, Culver, Davis, Douglas, Downey, 
Dykes, English, Fmch, Fuller, Gifford, Hanna, Hyatt, Jinkens, Mc- 
Clurg, Milliken^ Moore, Newlin, Noyes, Oyler, Richmond, Staggs, 
Terry, Thompson, Williams, Woods, Wright and Mr. President — 36' 
S, J,— 29 



46a 

Those who were atvtsent on leave were, 

Messrs. Brown of Hamilton, Cnllen, Gaff, Marshall and Van Bng^ 
kirk~5. 

Mr. Brown, of Wells, moved that the names of those absent witb- 
ouE leave be spread upon the record. 
' Which was agreed to. 

Those who were absent without leave were, 

Messrs. Beeson, Bennett, Hord, Mason, Nilss^^- Reagaa, Vawter 
KvA Ward— 8. 

On motion by Mr. Brown, of Wellsy 
The Senate adjourned^ 



MOHDAt MORNING, P' o'clock, -( 
December 18, 1865. / 

Tfie Senate meL 

The reading of the Journal vras dispensed with for the present. 

■Jhe President laid before the Senate the following communicatioK' 
from the Governor : 

State of Indiana, Executive Departmeht, ]' 
Indianapolis, December 18, 1865. | 

Hon. Paris C. Dunning, 

President of the Senate : 

giR :-_! herewith respectfully transmit the Nineteenth Annual Ke-- 
port of the Trustees and Superintendent of the Institution for the 
JEducation of the Blind. It will be perceived by the report that addi- 
tional appropriations are asked. As the session is near its close, i 



451 

respectfully ask that the report may be immediately referred to the 
Committee on Finance, so that the propriety of making the appro- 
priations solicited may be considered without delay. 
I have the honor to be, very respectfully, 

Your obedient servant, 

CONRAD BAKER, 
Lieut. Governor acting as Governor. 

Mr. Niles, from the Judiciary Committee, made the following re- 
port : 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill No. 
oil, entitled " an act to legalize sales by Deputy Sheriffs of real 
estate, under execution, or by order of the Circuit Court or Court of 
Common Pleas, and to render valid the deeds made by said Deputies 
in pursuance of such sales," have had the same under consideration, 
and recommend that it be amended by striking out all after the word 
" Invalid," in line 11 of section one, to including the word " above," 
in line 17, after the same section. Also, by inserting in lieu of the 
words so stricken out, the following words, to-wit: "By reason of 
the same having been made in the name of such Deputy." And when 
so amended they recommend the passage of the bill. 
, Which report was concurred in. 

Senate bill No. 311 was read a second time, and passed to a third 
reading. 

Mr. Niles introduced 

Senate bill No. 315, entitled " an act in relation to crimes and pun- 
ishments." 

Which was read a first time and passed to a second reading. 

HOUSE BILLS ON SECOND READING. 

Engrossed House bill No. 41. A bill to legalize sales by Guar- 
dians, under orders defective in not prescribing notice, 
Was read a second time and passed to a third reading. 

Engrossed House bill No. 25. An act to repeal an act entitled 
"an act to prohibit the evidence of Indians and persons having one- 
eighth or more of negro blood, in all cases where white persons are 



452 

parties in interest," approved February 14, 1853, and so much of all' 
other hiws as render persons incompetent as witnesses on account ol' 
their color, 

"Was read a second time and informally passed. 

Mr. Brown, of Wells, asked and obtained leave of absence until' 
8 o'clock, P. M. 

Engrossed House bill No. 86. An act giving the consent of thej 
State of Indiana to, and authorizing the digging or constructing of 8 
ditch or canal from the Little Calumet river to the Grand Calumet! 
river, both in Lake county, in this State, and requiring the Attorney I 
General to defend such suits or actions at law as may be brought' 
against the parties who may be prosecuting said works, 

Was read a second time and passed to a third reading. 

Engrossed House bill No. 95, a bill to enable railroads to make 
local alterations in their lines, in certain cases, 
Was read a second time. 

Mr. Niles moved to refer the bill to the Committee on Corporations, 
Which was agreed to. 

Engrossed House bill No. 117, a bill to amend sections 39, 42, 45,, 
and 54 of an act entitled 'an act for the incorporation of Insurance) 
Companies, defining their powers and prescribing their duties,^' ap-i 
proved June 17, 1852, ; 

Was read a second time, and, ' 

On motion, 

Referred to the Committee on Corporations, 

Engrossed House bill No. 184, a bill to amend an act regulating i 
the fees of officers, and repealing former acts in relation thereto, 
Was read a second time, and, 

On motion. 
Referred to the Committee on County and Township Business. 

Engrossed House bill No. 189, a bill to amend section 52 of an act 
entitled " an act to amend an act to authorize and regulate the busi- 
ness of general banking," passed by the House and Senate of the 
General Assembly, the Governor's objections thereto notwithstanding, 
on the 8d day of March, 1855, 

Was read a second time, and. 
On motion, 

Referred to the Committee on Banks. 



' 453 

Engrossed House bill No. 196. A bill to extend the time allowed 
:br the completion of gravel roads, for the term of one year, in 
;ases therein specified. 
I Was read a second time and passed to a third reading. 

House bill No. 220. An act to amend the 14th section of an act 
mtitled "an act to limit the number of Grand Jurors, and to point 
)ut the mode of their selection, and defining their jurisdiction, and 
•epealing all laws inconsistent therewith, so as to give the Grand 
Jury concurrent jurisdiction with the Courts of Common Pleas and 
Tustices of the Peace of misdemeanors, except in cases where the 
^ne cannot exceed three dollars. 

Was read a second time and, 

On motion, 
; Referred to the Committee on County and Township Business. 

Engrossed House bill No. 281. A bill to protect lawful publie 
[lotices, and prescribing a penalty for injuries thereto. 
' Was read a second time and passed to a third reading. 

Engrossed House bill No. 237. A bill to amend section 35 of "an 
let to provide for a general system of Common Schools, the ofiicers 
thereof, and their respective powers and duties, and matters properly 
connected therewith, and prescribing the fees for certain officers 
therein named, and for the establishment and regulation of Township 
Libraries, and to repeal all laws inconsistent therewith, providing 
penalties therein prescribed," approved March 6, 1865. 

Was read a second time and passed to a third reading. 

House bill No. 239, was read a second time and, 

On motion, 
Referred to the Judiciary Committee. 

House bill No. 254, was read a second time and passed to a third 
reading. 

' Engrossed House bill No. 278. A bill creating the Sixteenth 
Judicial Circuit, and providing for the election of a Judge and Prose- 
cuting Attorney thereof, and declaring its jurisdiction, and providing 
for a transfer of actions thereto. 

Was read a second time and, 
On motion, 

deferred to the Committee on the Judiciary. 



454 

House bill No. 277, Was read a second time and, 

On motion. 
Referred to the Committee on the Judiciary. 

House bill No. 279, was read a second time and, 

On motion. 
Referred to the Committee on the Judiciary. 

House bill No. 280, was read a second tim^ and, 

On motion, 
Referred to the Committee on the Judiciary. 

House bill No. 294, was read a second time and, 

On motion, 
Referred to the Committee on the Judiciary. 

House bill No. 299, was read a second time and, 

On motion. 
Referred to the Committee on the Judiciary. 

House bill No. 300, was read a second time and, 

On motion, 
Referred to the Committee on the Judiciary. 

House bill No. 313, was read a second time and, 

On motion, 
Referred to the Committee on Finance. 

Mr, Hanna moved to suspend the previous order, and take U{ 
House Joint Resolution No. 11. 
Which vras agreed to. 

House Joint Resolution No. 11, a joint resolution for the relief oi 
Geoac^e W. Arch, refunding to him the purchase money and interest 
thereon paid for certain real estate sold as swamp lands by the State; 
when the title was in one Michael John. 

Was read a third time. 



455 

The question being on tlie passage of the resolution, 
•Shall the resolution pass ? 

Those who voted in the a^rmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Carson, Cason, Chap- 
man, Cobb, Corbin, Davis, Downey, Dykes, English, Finch, Fuller, 
•'Gilford, Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Millikeu, 
Moore, Newlin, Niles, Noyes, Keagan, Richmond, Staggs, Terry, 
Thompson, Van Buskirk, Vawter, Woods, Wright and Mr. President 
—37. 

Mr. Williams only voting in the negative. 
So the resolution passed. 

The question being, shall the title of the resolution stand as reatl ':' 
It was so ordered. 

Ordered, That the Secretary inform the ^House thereof. 

Mr. Hord moved to suspend the rules, and read Senate bill N). 
-315 a second time now. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bov.man, Carson, Cason, Chapman, 
Oobb, Corbin, ©avis, Downey, Dykes, English, Finch, Fuller, Gifford, 
Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Millikon, Moore, 
Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, Thompson, 
Van Buskirk, Vawter, Williams, Woods, Wright and Mr. President 
—38. 

None voting in the negative. 
So the rules were suspended. 

Senate bill No. 315 was then read a second time. 

Mr. Hord moved to suspend the rules and read the resolution a 
rthird time now« 

A constitutional provision requiring the ayes and noes. 

Those who voted in the affirmative wero, 

3Iessrs. Allison, Barier, Bonham, Bowman, Carson, Cason, Chap- 



456 

man, Cobb, Corbin, Davis, Downey, Dykes, English, Finch, Full-er,, 
Gifford, Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, 
Moore, Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, 
Thoiupson, Van Buskirk, Vawter, Williams, Woods^, Wright and 
Mr. President — 36. 

None voting in the negative. 

So the rules were suspended. 

Engrossed Senate bill No. 315. An act defining certain misde- 
meanors and prescribing the punishment therefor."^ 
Was read a third time. 

Mr. Niles asked the unanimous consent of the Senate, to strike out 
all relating to the publication of the bill. 
Which was agreed to. 

The question being on the passage of the bill ? 
Shall the the bill pass ? 

Those who voted in the affirmative were^ 

Messrs. Allison, Barker, Bonham,. Bowman, Carson.. Cason, Chap- 
man, Cobb, Corbin, Davis, Downey, Dykes, English, Finch, Gilford, 
Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, 
Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, Thompson^ 
Van Buskirk, Vawter, Williams, Woods, Wright and Mr.. President— 37=. 

.None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read t 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Wright moved to take up Senate bill No. 311. 
Which was agreed to. 

Mr. Wright moved to saspend the rules and read the bill a third 
time now. 

Those who voted in the affirmative were, 
Messrs. Allison, Bjoiiham, Bowman, Carson, Cason, Chapman, Cobb,. 



457 

Corbin, Davis, Downey, Dykes, English, Finch, Fuller, GifFbrd;. 
Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore,. 
Newlin, Niles, Noyes, Reagaa, Richmond, Staggs, Terry, Thompson,. 
Van Buskirk, Vaster, Williams, Woods, Wright and Mr. President 

—38. 

None voting the negative. 
So the rules were suspended. 

Engrossed Senate bill No. 311, entitled an act to legalize sales by- 
Deputy Sherifis of real estate, under execution, or by order of the 
Circuit Court or Court of Common Pleas, and to render valid the- 
deeds made by said Deputies in pursuance of sales. 

Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Carson, Cason, Chap- 
man, Corbin, Davis, Downey, Dykes, English, Finch, Fuller, Gifford;. 
Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore^ 
Newlin, Niles, Noyes, Reagan, Richmond, Terry, Thompson Var^, 
Buskirk, Vawter, Williams, Woods, Wright and Mr. President — 36. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed House bill No. 294, a bill providing for securing to the- 
Common School Fund sums forfeited on recognizances, and fixing the^ 
mode for declaring their forfeiture, 

Was read a third time. 

The question being on the passage of the bill ? 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Bonham, Carson, Cason, Chapman, Cobb, Corbiusj, 



458 

Davis, Downey, Dykes, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, 
Milliken, Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, 
Thompson, Van Buskirk, Vawter, Woods and Mr. President — 29. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Dykes, Jinkens, McClurg, Mason, Moore, 
Williams and Wright — 9, 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr, Barker asked and obtained leave to introduce the following 
resolution ? 

Whereas, The people of the State are taxed more than they are 
well able to pay; therefore. 

Resolved, That the Senate is opposed to taxing white men's pro- 
|)erty for the education of negro children. 

Mr. Richmond moved to refer to the Committee on Education. 

Mr. Williams moved to lay the motion on the table. 

Messrs. Bonham and Williams demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bowman, Carson, Cobb, Corbin, Douglas, English, 
Finch, Fuller, Gifford, Hanna, Hord, Jinkens, McClurg, Mason, 
Moore, Newlin, Staggs, Vawter and Williams — 20. 

Those v/ho voted in the negative were, 

Messrs. Allison, Bonham, Cason, Chapman, Davis, Dykes, Hyatt, 
Milliken, Niles, Noyes, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Woods, Wright and Mr. President — 18. 

So the motion lies on the table. 

Mr. Richmond then moved to refer the resolution to the Committee 
-on Rights and Privileges. 



459 

Mr. Hanna moved to lay the motion on the table. 

Pending which, 
Mr. Richmond moved a call of the Senate. 
Which was not agreed to. 

Mr. Richmond then moved to adjourn. 
• Which was not agreed to. 

The question being on the motion to lay Mr. Richmond's motion 
on the table, 

Mr. Vawter demanded the previous question. 
Which was seconded by the Senate. 

The question being, shall the main question be now put? 
It was so ordered. 

The question being on the reference of the resolution, 

Messrs. Williams and Moore demanded the ayes and noes. 

Those wdio voted in the affirmative were, 

Messrs. Allison, Bonham, Cason, Chapman, Davis, Dykes, Hyatt, 
Milliken, Niles, Noyes, Reagan, Richmond, Terry, Thompson, Van 
Buskirk, Woods, Wright and Mr. President — 18. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Carson, Cobb, Corbin, Douglas, Downey, 
English, Finch, Fuller, Gifford, Hanna, Hord, Jinkens, McClurg, 
Mason, Moore, Newlin, Staggs, Vawter and Williams — 21. 

So the resolution was not referred. 

The question being on the adoption of the resolution, 

Messrs. Hanna and Williams demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bowman, Carson, Cason, Chapman, Cobb, 
Corbin, Davis, Douglas, Downey, English, Finch, Fuller, GifFord, 
Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, 



460 

Newlin, Niles, Reagan, Richmond, Staggs, Terry, Van Buskirk, 
A'awter, Williams, Woods and Mr. President — 33. 

Those who voted in the negative were, 
Messrs. Bonham, Dykes, Noyes, Thompson and Wright — 5. 
So the resolution was adopted. 

Engrossed House bill No. 21. A bill to amend the twenty-second 
section of an act entitled " an act defining misdemeanors and pre- 
scribing punishment therefor," approved June 14, 1852. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who votgd in the affirmative were, 

Messrs. Allison, Bonham, Carson, Cason, Chapman, Cobb, Corbin, 
Davis, Douglas, Downey, Dykes, Finch, Fuller, Gifford, Hanna, Hord, ■ 
Hyatt, McClurg, Mason, Milliken, Newlin, Niles, Noyes, Reagan, 
Richmond, Terry, Thompson, Van Buskirk, Vawter, Williams, Woods, 
Wright and Mr. President — 33. 

Those who voted in the negative were, 

Messrs, Barker, Bowman, English, Jinkens, Moore and Staggs — 6. 

So the bill passed. • 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

Engrossed House bill No. 22. A bill to legalize the sale of certain 
school lands in Lake county, 
Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bowman, Carson, Cason, Chapman, Cobb, 
Corbiu, Davis, Douglas, Downey, Dykes, English, Finch, Fuller, Gif- 



461 

fdrd, Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, 
Newlin, Niles, Noyes, Reagan, Richmond, Staggs Terry, Thompson, 
Van Buskirk, Vawter, Williams, Woods, Wright and Mr. President 
—38. 

None voting in the negative. 

So the bill passed. 

The question being, ?hall the title of the bill stand as read? 
It was so ordered. 

Ordered That the Secretary inform the House thereof. 

House bill No. 29. An act to amend section 15 of an act entitled 
" an act concerning inclosures, trespassing animals, and partition 
fences," 

Was read a third time. 

The question being, shall the bill pass? 

Those v>'ho voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Cason, Ohapraan, Cobb, 
Corbin, Davis, Douglas, Downey, Dykes, English, Finch, Fuller, Gif- 
ford. Hord, Hyatt, Jinkens, McCMurg, Mason, Milliken, Moore, New- 
lin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, Thompson, Van 
Buskirk, Vawter, Williams, Woods, Wright, ;ind Mr. President — 37. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

House bill No. 33. A bill to amend the 8th section of an act, en- 
titled '"an act to regulate and license the sale of spiritous, vinous, 
malt and other intoxicating liquors, to prohibit the adulteration of 
liquors, to repeal all former laws concerning the provision of this act, 
and prescribing penalties for violation thereof,'"' approved March 5, 
1859. 

Was read a third time. 



462 

The question being, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonhara, Bowman, Cason, Chapman, 
<.V>bb, Dnvis, Douglas, Downey, Dykes, English, Finch, Fuller^ 
Gifford, Ilanna, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, 
Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, Thomp- 
?^on, Van Buskirk, Williams, Woods, Wright and Mr. President — 35. 

Those who voted in the negative were, 

Messrs. Hord and Vawter — 2. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed House bill No. 52, a bill to render uniform the assess- 
ment of personal property in the several counties, 
Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonhara, Bowman, Chapman, Cobb, Cor- 
bin, Davis, Douglas, Downey, Dj'kes, English, Finch, Fuller, Gifford, 
Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Newlin, 
Niles, Noyes, Reagan, Richmond, Staggs, Terry, Thompson, Van 
Buskirk, Vawter, Williams, Woods, Wright and Mr. President — 37. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

House bill No. 53, a bill to amend section 14 of an act entitled " an 
act to provide for the more uniform mode of doing township business ; 



4t?3 

prescribing the duties of certain officers in connection tiierevfitii, and 
to repeal all laws in conflict with this act," approved February 18^ 
1865, 

Was read a third time. 

Mr. Vawter asked and obtained the unamimou& consent of the 
?5enate to insert the enacting clause. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Bonhara, Bowman, Cason, Chapman, Cobb, Cor-' 
fjin, Davis, Douglas, Downey, Dykes, Finch, Gifford, Hanna, Herd,- 
Hyatt, McClurg, Mason, Milliken, Newlin, Niles, Reagan, Richmond,. 
Staggs, Terry, Thompson, Van Buskirk, Woods, Wright, and Mr^ 
President — 30. 

Those who voted in the negative were, 

Messrs. Barker, English, Fuller, Jinkens, Moore, Koyes, Yawter^- 
and Williams— 8. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed House bill No. 58, a bill to amend the fifth and sixtb 
sections of an act regulating interest on money, and to repeal an act 
entitled " an act covering interest on money,"' approved May 27, 
1852 ; the fifty-first section of the " act defining misdemeanors, and 
prescribing punishment therefor," approved June 14, 1852, with all 
other laws and parts of laws in conflict with this act, approved March 
7, 1861, 

Was read a third time. 

The question being, shall said bill passV 



\ Those who voted in the affirmative were 

}■ 

Messrs. Allison, Barker, Bonham, Bowman, Cason, Chapman, Cor- 
bin, Davis, Douglas, Downey, Dykes, English, Finch, Fuller, Gifford^ 



464 

HanYia, Hyatt, Jinkens, Mason, Milliken, Newiin, Niies, Noyes, Rei* 
gan, Richmond, Staggs, Terry, Thompson, Van Buskirkj Vawter, 
Woods, Weight and Mr. President— 33. 

Mr. Williams only voting in the negative^ 

So the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Engrossed House bill No. 62, a bill empowering incorporated cities 
•and towns to ^lant and maintain shade trees along the streets, alleys, 
public squares, and commons thereof, and to provide for the protec 
^Jon of the same at the expense of the adjoining propeHy holders. 

Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Carson, Cason, Chap* 
man, Davis, Downey, Dykes, E'inch, Fuller, Gifford, Hanna, Hyattj 
Mason, Milliken, Newlin, Niles, Noyes, Reagan, Richmond, Terry, 
Thompson, Van Buskirk, Vawter, Woods, Wright and Mr. PresidenE 
-»-29. 

Those who voted in the negative were, 

Messrs. Corbin, Jinkens, Moore, Staggs, and Williams— 5. 

So the bill passed. 

The question being, shall the title of the bill stand as read 'i 

It was so ordered* 

Ordered, That the Secretary inform the House thereof. 

House bill No. 64, a bill to amend the 406th section of an act enti* 
tied " an act to revise, simplify and abridge the rules, practice, plead- 
ings and forms in civil cases in the Courts of this State ; to abolish 
distinct forms of action at law ; and to provide for the administration 
of justice in a uniform mode of pleading and practice, without die* 
tinction between law and eqoiity," 

Was read a third time. 



465 

Mr. Niles asked unanimous consent to strike out the publicatioB 
^^lause. 

Which v/as agreed to. 

The question being on the passage of the bill, 

Shall the bill pass ! 

Those who voted in the affirmative were,, 

Messrs. Allison, Barker, Bonham, Bowman, Carson, Cason, Chap- 
tnan, Cobb, Corbin, Davis, Douglas, Downey, Dykes, English, Finch, 
Fuller, Gifford, Hanna, Hyatt, Jinkens, McClurg, Mason, Milliken, 
Moore, Newlin, Niles, Noyes, Reagan, Richmond, Staggs, Terry, 
Thompson, Van Buskirk, Vav/ter, Woods, Wright and Mr. President 

None voting in the negative. 

So the bill passed. 

The question being., shall the title of the bill stand as read? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

Engrossed House bill No, 67. A bill to entitle attorneys to hold 
liens on judgm-ents. 
Was read a third time. 

The ■qjuestioti being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Bonham, Bowman, Carson, Cason, Chapman, Cobb, 
Oorbin, Davis^ Douglas, Downey, English, Finch, Gifford, Hanna, 
McClurg, Mason, Milliken, Newlin, Niles, Richmond, Thompson, 
Van Buskirk, Vawter, Wright and Mr. President — 26. 

Those who voted m. the negative were, 

Messrs, Barker, Dykes, Fuller, Hyatt, Jinkens, Moore, Noyes, 
Eeagan, Staggs, Terry and Woods— >11. 

So the bill passed. 
S, J. 30 



466 

The question being, shall the title of the bill stand as Fead ? 
It was so ordered. 

Ordered, That the Secretary inform the House, thereof. 

House bill No. 75. A bill to empower Rail Roads to construct' 
branches to neighboring coal mines. 
Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Bowman, Carson, Casou, Chap- 
man, Cobb, Davis, Douglas, Downey, Dykes, English, Finch, Fuller,- 
Gifford, Hanna, Hyatt, McClurg, Mason, Milliken, Moore, Newlin, 
Niles, Noyes, Reagan, Richmond, Staggs, Terry, Thompsonj Vaij 
Buskirk, Woods, Wright and Mr, President — 35. 

Those who voted in the negative were, 

Messrs. Corbin, Jirikens and Vawter — 3, ^' 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was 30 ordered. 

Ordered, That the Secretary inform the House thereof. 

Encrrossed House bill No. 19. A bill to amend an act entitled 
*' an act providing for the election and appointment of Supervisors- 
of Highways, and prescribing certain of their duties, and those of 
County and Township officers in relation thereto," approved March 
5, 1859. 

Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Bonham, Carson, Cason, Chapman, Cobb, Corbin^ 
Davis, Douglas, Downey, Dykes, Finch, Gifford, Hanna, Hyatt, Mc- 
Clurg, Mason, Milliken, Moore, Newlin, Niles, Noyesy Reagan^ Rich- 



467 

mond, Staggs, Terry, Thompson, Van Buskirk, Woods. Wriglit and 
Mr. President — ol. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, English, Fuller, Jinkens and A^^wte^ — 6, 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

On motion by Mr. Van Buskirk, 
The Senate adjourned. 



2 o'clock, p. m. 



The Senate met. 



Mr. Richmond, from the Committee on County and Township Busi- 
ness, asked and obtained leave to make the following report : 

Mr. President : 

The Committee on County and Township Business, to whom was 
referred House bill No. 22, entitled "an act to amend the 14th sec- 
tion of an act entitled ' an act to limit the number of Grand Jurors, 
and to point out the mode of their selection, defining their jurisdic- 
tion, &c.,' have had the same under consideration, and have directed me 
to report the bill back to the Senate and recommend its passage." 

Which report was concurred in. 

Mr. Cason moved to reconsider the vote taken upon Mr. Barker's 
resolution of this date on the subject of taxing the property of white 
persons for the education of negro children. 

Which was agreed to. 



468 

Mr. Van Buskirk moved to refer the resolution to the Committee 
on Education. 

Which v>as agreed to. 

Mr. Reagan offered a petition praying for the repeal of the so* 
called " Black Laws " in our statutes. 

Mr. Reagan moved to refer the petition to the Committee on Rights 
and Privileges of the Inhabitants of the State. 
Which was agreed to. 

Mr. Niles, from the Judiciary Committee, asked and obtained leave 
to make the following report : 

Mr. President: 

The Judiciary Committee, to whom was referred engrossed House 
bill No. 239, " a bill to authorize Manufacturing Companies to erect 
a dam across the St. Joseph river, in Elkhart county," have had the 
same under consideration, and have directed me to report the same 
back and recommend its passage. 

Which report was concurred in. 

Mr. Richmond offered the following resolution : 

Resolved, That in the opinion of this Senate the children of negroes 
within this State should be educated as the children of Democrats are. 
Which resolution was adopted. 

Mr. Richmond made the following report : 

Mr. President : 

The Committee on Claims, to whom was referred the claims of 
Joseph H. Blake, B. H. Conwell, Callum H. Bailey, Wm. H. Stewart, 
Wm. D. Latshaw, and Jonas Good, for attending before the Commit- 
tee on Arbitrary Arrests, at the session of 1863, have had the same 
under consideration, and have directed me to report the same back 
to the Senate and recommend that they be referred to the Committee 
on Finance, and allowed and included in the specific appropriation 
bill. 

Mr. President: 

The Committee on Claims, to whom was referred the claim of 
James Lyons, amounting to $2.50, for washing towels for Senate^ 



469 

have had the same under consideration, and have directed me to report 
the same back and recommend that it be allowed, and leferred to 
Committee on Finance. 

Referred to the Finance Committee. 

Mr. Ward, from the Committee on Corporations, asked and obtained 
leave to make the following report : 

Mr. President: 

The Committee on Corporations, to whom was referred Senate bill 
No. 309, an act to amend the 8th and 45th sections of an act enti- 
tled " an act to reduce the law incorporating the City of Madison 
into one act, and to amend the same," have had the same under con- 
sideration, and have instructed me to report the same back, ^Yithout 
amendment, and recommend its passage. 

Which report was concurred in. 

Senate bill No. 309, was read a second time and passed to a third 
reading. 

Mr. Cobb moved to recall Mr. Barker's resolution, concerning the 
education of negro children, 

Mr. CuUen moved to lay the motion on the table. 

Messrs. Hanna and Cobb demanded the ayes and noes. 

Pending which, 
Mr. Oyler moved a call of the Senate. 
Which was agreed to. 

Those who answered to the call of their names were, 

Messrs. Allison, Barker, Beeson, Bonham, Bowman, Bradley, 
Brown of Hamilton, Carson, Cason, Chapman, Cobb, Corbin, Cullen, 
Davis, Douglas, Downey, Dykes, English, Finch, Fuller, Gifford, 
Hanna, Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, 
Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, 
Thompson, Van Buskirk, Vawter, Ward, Woods, Wright and Mr. 
President — 44. 

The further call was dispensed with. 



470 

The question being on the motion to lay Mr. Cobb's motion on the 
table. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bonham, Brown of Hamilton, Cason, 
Chapman, Cullen, Culver, Davis, Dykes, Hyatt, Milliken, Niles, 
ISIoyes, Oyler, Reagan, Richmond, Terry, Thompson, Van Buskirk, 
Ward, Woods, Wright and Mr. President— 24. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Carson, Cobb, Corbin, Doug- 
las, Downey, English, Finch, Fuller, Giiford, Hanna, Hord, Jinkens, 
McClurg, Mason, Moore, Newlin, Staggs and Vawter — 21. 

So the motion was laid on the table. 

Message from the House by Mr. Nixon their clerk. 

Mr. President : 

I am directed by the Speaker of the House of Representatives to 
inform the Senate, that he has signed the following enrolled act of 
the House of Representatives, to-wit : 

Enrolled act, House of Representatives, No. 125. An act to 
amend sections 1 and 2 of an act entitled, "an act to provide for the 
relocation of county seats, and for the erection of public buildings in 
counties, in case of such relocation," approved March 2, 1855. 

Enrolled act. House of Representatives, No. 158. An act to 
secure a just valuation and taxation of all railroad property within 
this State, to legalize the valuation, assessment, adjustment and pay- 
ment, of taxes for such property made subsequent to the year 1859, 
to which, the signature of the President of the Senate is respectfully 
requested. 

Also that the House has passed the following engrossed House 
bills, to-wit : 

Engrossed Hous<i bill No. 206. A bill to amend section 7, of an 
act entitled, "an act to provide for the erection and repair of bridges, 
and to repeal an act entitled, 'an act to provide for the erection and 
repair of bridges,' " approved May 12, 1852. 



471 

"Engroesed Hou-se bill No. 238. A bill to authorize foreign guar- 
•dians to take possession of personal property of their wards, and 
receive and receipt for monejs belonging to their said wards, in this 
State, and sue for and recover such property or money in the Courts 
of this State. 

Engros-s>?d House bill No. 211. A bill to enable common carriers 
to dispose of unclaimed freight and baggage. 

Engrossed Houce bill No. 253. A bill to amend the eighth sec - 
tion of an act entitled " an act to fix the time of holding the Com- 
mon Pleas Courts in the several counties in this State, the duration 
of the t«rm thereof, and making ali process from the present Com- 
mon Pleas Courts returnable to such terms, and declaring when the 
same shall take effect, and repealing all laws inconsistent therewith." 
approved March 5, 1859, and which eighth section was amended and 
approved March 11, 1861. 

Engrossed House bill No. 234. A bill to repeal an act to ascertain 
the amount of the fees and salaries of the Clerks of the Supreme 
Court and Common Pleas Courts of this State ; of the SherifT of the 
Supreme Court, an<i of the various counties in this State ; ot County 
Auditors and Prosecuting Attorneys, and to provide punishment for 
a violation of its provisions; approved June 3, 1861. 

Engrossed House bill No. 276. A bill to authorize County Aud- 
itors to issue fee bills for the collection of costs accrued before 
Boards of County Commissioners. 

Also, Engrossed House bill No. 164. A bill to provide for locat- 
ing and working highv/ays situated upon, contiguous to, or near by 
county lines. 

Engrossed House bill No. 240. A bill to relieve County Auditors, 
Treasurers, Township Trustees, Aaftessors and other officers, in cer- 
tain cases, for the year 1865, from the penalties attached for the 
violation of an act entitled " an act to discourage the keeping of 
useless and sheep-killing dogs, &c.," approved March 2, 1863, and 
declaring an emergency. 

Engrosi?ed House bill No. 263. A bill to provide by law to pre- 
vent Conductors running rail road trains from, obstructing any 



472 

public highway or street to the hindrance of travel, and prescribing 
penalties therefor. 

Also, Engrossed Joint Resolution No. 20. A joint resolution 
instructing our Senators and requesting our Representatives in Con- 
gress to secure the passage of a law by which the soldiers and officers 
of the war for the suppression of the rebellion, shall be placed, as 
near as possible, upon an equal footing in the bounty, or bounty and 
monthly pay as is just and right according to the length of time 
each have served the country in said war, and recommending the 
granting of pensions to soldiers of the late war of 1812, who have 
remained loyal to the country. 

In which the concurrence of the Senate is respectfully requested. 

I am further directed to infoim the Senate that the House has 
passed Senate bill No. 198, with the accompanying engrossed amend- 
ments of the House of Representatives thereto. 

I am also directed to inform the Senate that the House insists 
upon its amendment to Senate bill No. 15, not heretofore concurred 
in by the Senate. 

Mr. Allison moved to appoint a committee of conference, to con- 
sist of three members of the Senate, to confer with a similar com- 
mittee on the part of the House, on Senate bill No. 15. 

Which was agreed to. 

Mr. Dykes moved to suspend the rules and read House bill No> 
239 a third time now. 

The ayes and noes beicg demanded. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bonham, Bowman, Bradley, Brown of 
Hamilton, Carson, Cason, Chapman, Cobb, Corbin, Cullen, Culver, 
Davis, Douglas, Downey, Dykes, English, Finch, Fuller, Giflford, 
Hord, Hyatt, Jinkons,,McClurg, Mason, Milliken, Moore, Newlin, 
Niles, Noyes, Reagan, Richmond, Staggs, Terry, Thompson, Vai& 
Buskirk, Ward, Woods, Wright and Mr. President — 41. 

Mr. Barker, only, voting in the negative. 

So the rules were suspended. 



473 

Enffrossed House bill No. 239. A bill to authorize manufacturing 
companies to erect a dam across the St. Joseph river, in Elkhart 
county. 

Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bonham, Bowman, Bradley, 
Brown of Hamilton, Carson, Cason, Chapman, Cobb, Corbin, Cullen, 
Culver, Davis, Douglas, Downey, Dykes, English, Finch, Giffjrd, 
Hord, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, Newlm, 
Niles, ^oyes, Oyler, Reagan, Staggs, Terry, Thompson, Ward, 
Woods, Wright and Mr. President — 40. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Miles asked and obtained leave to make the following report : 

Mr. President : 

The Joint Committee, to whom was referred the message of the 
Governor, as to the necessity of procuring more secure accommoda- 
tion for the public offices, and the funds, records, and important docu- 
ments of the State, report that all this will form a part in the future 
construction of a new State House, amply and securely to provide 
for all the State offices and the Supreme Court. The heavy call on 
the people in consequence of the rebellion, and the high price of 
building at present, forbid even the commencement of any permanent 
structure now for these objects. 

The Committee have therefore fully considered the alternative pre- 
sented by the Governor, of purchasing the building and lot in the 
center of the city, oflfered for sale by the Bank of the State, or the 
most safe and suitable building and lot which can be had, and which 
can readily be sold when the State erects a permanent State House, 
without any public loss to the State. 



474 

There are four vaults in the building, each of which oifers a safV 
protection from fires, and one of which is probably the best anti- 
burglar vault in the west. The building is well constructed, elevated, 
and easy of access, having six rooms on the first floor, and four, be- 
sides a circular hall, on the aecond floor. More room would be desira- 
ble for the State officers, but it is believed it can be comfortably used 
for the present ; and also that chambers and two safe-vaults can be 
used by the Supreme Court, relieving them from renting upper rooms 
in the city, with their important papers and books continually liable 
to loss and destruction. 

In this behalf, the late irreparable loss to the people of Kentucky 
by the burning of their Supreme Court papers, should be a warning as 
to the dangers of our further neglect. 

The Committee recommend that such sum be borrowed of the Sink- 
ing Fund by the State, at interest, not over seven per cent., as wil 
cover the cost of any purchase which may be made of such property 
for which the Committee recommend that not more than ^36,000 b( 
paid. The State is now paying for the unsafe and scattered roonls 
for her oSices and Supreme Court, rent which amounts to seven pei 
cent, upon $53 600, being $3,750 per annum. 

The Committee recommend the prompt sale of the old Treasury 
lot and building, at not less than §22,000, which is less than it i; 
worth, the proceeds to be applied toward liquidating the needful loar 
from the Sinking Fund, and reducing the amount of rent payable b} 
interest, on the remainder, to be less than $1,000 per annum, in plac( 
of $3,750, as now paid by the State. 

The Committee therefore submit and recommend the prompt pas 
sage of a bill to efl'ect the above object. 

Senate bill No. 316. A bill providing for the more secure and less 
expensive accommodations for the officers of State and the Judges o | 
the Supreme Court; for procuring the means therefor by loan of th{ 
Sinking Fund, and efi"eoting a sale of the State Treasury lot toward? 
reimbursing such loan. 

Was read a first time. 

Mr. Allison moved to suspend the rules and read the bill a seconc 
time now. 

Those who voted in the aflBrmative were^ 

Messrs. Allison, Beeson, Bonham, Bowman, Bradley, Brown o 



475 

Hamilton, Brown of Wells, Ca?on, Chapman, Cobb, Cullen, Culver, 
Davis, Dykes, Engli>h, Finch, Gifford, Hanna, Ilord, Hyatt, McClurg, 
Mason, Miliiken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, 
Thompson, Van Buskirk, Ward, Woods, Wright and Mr. President — 
35. 

Those who voted in the negative were, 

Messrs. Barker, Corbin, Downey, Fuller, Jinkens, Moore, Staggs, 
and Vawter — 8. 

So the rules were suspended. 

, Senate bill No. 816 was read a second time, and passed to a third 
reading. 

I Mr. Beeson moved to take up House message containing Senate 

hiW No. 198. 

I Which was agreed to. 

The question being on concurring in the first amendment proposed 
;by the House to Senate bill No. 198. 
; It was concurred in. 

i 

The President of the Senate announced the Committee of Free 

iConference on the part of the Senate, on Senate bill No 15, which 

consists of Senators Allison, Cobb and Downey. 

') 

\ The question being on concurring in the second amendment pro- 

;posed by the House to Senate bill No. 198. 

i 

I Pending which, 

A message was received from the House by Mr. Nixon their clerk. 

Mr. President : 

I I am directed by the House of Representatives to inform the Sen- 
late that the Speaker has appointed on the part of the House, on the 
Committee of Conference on Senate bill No. 15, Messrs. Newcomb, 
Dunham and Prather. 

The question recurring on concurring in the second amendment 
proposed by the House to Senate bill No. 198. 



476 

Mr Hanna moved to make the bill and amendments the specia i 
order for 9 o'clock to-morrow morninw. 

Which was not agreed to. ' 

Mf. Brown of Wells, moved a call of the Senate. 
Which was not seconded. 

Mr. Allison moved the previous question. 
Which was seconded. 

The question being, shall the main question be now pat? 
It was so ordered. 

The question recurring on concurring in the amendment. 
[ Messrs. Brown of Wells and Allison demanded the ayes andnoe; 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Brown of Hamilton, Cason, Chapmai 
Culver, Davis, Dykes, Hyatt, Milliken, Niles, Oyler, Reagan, Rich 
mond, Terry, Thompson, Van Buskirk, Ward, Wright and Mr. Pres,, 
ident— 20. 

Those who voted in the negative were, 

Messrs. Barker, Bonham, Bowman, Bradley, Brown of Wells, Carj 
son, Cobb, Corbin, Cullen, Downey, English, Finch, Fuller, Giffor[ 
Hanna, Jinkens, McClurg, Mason, Moore, Newlin and Staggs — "Zl. 

So the amendment was not adopted. 

The question being on the third amendment proposed by thi 
House, to Senate bill 198. 
It was concurred in. 

The question being on the fourth amendment, 

Messrs, Downey and Cason demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Beeson, Bonham, Brown of Hamilton, Cason, Chapmar 
Corbin, Davis, Dykes, Newlin, Reagan, Richmond, Terry, ThompsoE 
Ward and Woods — 15. 

Those who voted in the negative were, 

Messrs. Allison, Barker, Bowman, Bradley, Brown of Wells, Car 



,on, Cobb, Cullen, Culver, Downey, English, Finch, Fuller, Gilford, 
lanna, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, Niles, 
)yler, Staggs, Van Buskirk, Wright and Mr. President— 27. 

So the amendment v/as not concurred in. 

Mr. Niles, from the Judiciary Committee, asked and obtained leave 
,0 make the following report: 

1r. President : 

The Judiciary Committee, to whom was referred Senate bill No, 
i.40, entitled an act to amend section 8 of an act entitled " an act 
lividing the State into counties, defining their boundaries, and de- 
i.ning the jurisdiction of such as border on the Ohio and Wabash 
livers," approved June 7, 1852, have had the same under considera- 
jion, and direct me to report the same back and recomm^end its 
j^assage. 

Which report was concurred in. 

The bill having been read a third time, 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were^ 

Messrs, Allison, Barker, Beeson, Bonham, Bowman, Bradlev, 
Irown of Hamilton, Carson, Cason. Chapman, Cobb, Corbin, Cullen, 
lulver, Davis, Downey, Dykes, English, Finch, Fuller, Gifford, 
lanna, Hyatt, Jinkens, McClurg, Mason, Milliken, Moore, Newlin, 
Illes, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, 
^an Buskirk, Ward, Woods, Wright and Mr. President— 42. 

' None voting in the negative. 

So the bill passed. 

I The question being, shall the title of the bill stand as rsad ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof^ 

Mr. Thompson moved to take up House bill No. 185, 
Which was agreed to. 



478 

Enjirossed House bill No. 135, entitled an act to amend the 651^ 
acction of the act entitled " an act to revise, simplify and abridg 
the rules, practice, pleadings and forms in civil cases in the Court, 
of this State, to abolish distinct forms of action at hnv, and to prc: 
vide for the administration of justice in a uniform mode of pleading 
and practice, without distinctions betAveen law and equity," passe 
June 18, 1852. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Mr. Oyler moved to strike out all that part pertaining to public; 
tion. 

Which was agreed to. '■ 

Those who voted in the affirmative were, 

Messrs. Beeson, Bowman, Bradley, Brown of Hamilton, Carsoi 
Cason, Chapman, Cobb, Culver, Downey, Hanna, McClurg, Masoi 
Newlin, Niles, Noyes, Oyler, Reagan, Thompson, Van Buskirl 
Ward, Woods and Mr. President — 23. 

Those who voted in the negative were, j 

I 
Messrs. Allison, Barker, Cullen, Davis, Dykes, English, Fincll 

Gifford, Hyatt, Jinkens, Milliken, Moore, Staggs, Terry, Vawtelj 
and Wright~16. 

So the bill did not pass. 

Mr. Hanna moved to suspend the rules and read Senate bill Kc 
31 G a third time now. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Brown of Hamilton, Cason, Chaj 
man, Culver, English, Hanna, McClurg, Newlin, Niles, Noyes, Rea 
gan, Richmond, Thompson, A^an Buskirk, Vawter, Ward, Wood 
and Mr. President — 21, 

Those who voted in the negative were, 
Messrs, Bowman, Bradley, Cobb, Cullen, Davis, Downey, Dyke-: 



479 

Finch, Gifford, Hyatt, Jinkens, Mason, Milliken, Moore, Ojler, 
Staggs, Terry, and Wright— 18. 

So the rules were not suspended, 

Mr. Reagan, from the Committee on Corporations, asked and ob- 
tained leave to make the following report. 

Mr. President : 

The Committee on Corporations, to whom wag referred House bill 
No. 117, entitled a bill to amend sections 39, 42, 45 and 54 of an 
act entitled " an act for the incorporatien of Insurance Companies 
defining their powers and prescribing their duties," approved June 
17, 1852, have had the same under consideration, and have directed 
me to report the same back, without amendment, and to recommend 
its passage. 

Which report was concurred in„ 

On motion by Mr. Staggs, 
The Senate adjourned. 



TUESDAY MORNING, 9 o'clock, | 
December 19, 1865. j 

The Senate met, 

The Assistant Secretary proceeded to read the Journal, when, 

On motion of Mr. Oyler, 
The further reading was dispensed with. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Oyler, from the Committee on Roads, made the following 
report : 

Mr. President t 

The Committee on Roads, to Whom Was referred the question of 



480 ; 

A. J. Wallace and others, praying for a chahge or atneh(5ment of ' 
gravel and plank roads, &c.^ and to report by bill or otherwise, have 
duly considered the same, and have instructed me to report the same • 
back to the Senate, with a recommendation that the same lie on the 
t;able. for the reason that there is not now sufficient time to perfect 
legislation thereon. 

Which report was concurred in. 

Mr. Ward, from the Committee on Roads, made the following ' 
Veport : 

Mr. President ': 

The Committee on Corporations, to whom Was referred Souse bill 
No. 95, a bill to enable Rail Roads to make local alterations in their 
lines in certain cases, have had the same under consideration, and 
direct me to report the same back without amendment, and recom- 
inend its passage. 

Which report was concurred in. 

Mr. Oyler, from the Committee on the Organisation of Coul'ts, made 
the following report i 

Mr. President t 

The Committee on the Organization of Courts, to v/hom wag 
deferred Senate bill No. 286, entitled " an act to amend the second 
section of an act entitled 'an act prohibiting Supreme, Circuit and 
Common Pleas Judges ; County Clerks, Auditors, Treasurers, Re- 
corders, Sheriffs and their Deputies, from practicing law in any of 
the Courts of this State, except as in this act permitted ; and pre- 
scribing punishment for the violation thereof, and prescribing the 
duty of Courts in reference thereto,* " have had the same under con- 
sideration, and report the same back without amendment, and recom- 
mend its passage. 

V/hich report was concurred in. 

Senate bill No. 286 Was read a second time and passed to a third 
reading. 

Mr. Noyes, from the Committee on Claim'^?, made the following 
^report : 



4"81 

Mr. pREStB^ENT : 

The Committee oti Claims, to whom was referred the claim of' Ed- 
Vin May, for five thousand dollars, for plans for Northern Prison, 
have had the same under consideration, and have directed me to 
report the same back to the Senate, and recommend that it be laid 
on the table. 

■Mr. President : 

The Committee on Claims, to whom was referred the claims of Hal! 
& Hutchinson, for the Daily Herald for the present session, have had 
the same under consideration, and have directed me to report the 
same back to the Senate, and recommend that it be referred to the 
■Committee on Finance, and be allowed. 

Mr. PRESlBENf : 

The Committee on claims, to whosi was referred the claim of J. 
H. Jordan, for the Evening Gazette for the present session, have had 
the same under consideration, and have directed me to report the 
•same back to the Senate, and recommend that it be referred to the 
'Committee on Finance^, and be allowed. 

Mr, President: 

I The Committee on Claims, to whom was referred the claims of 
Holloway, Douglass & Co., for the Daily Journal for the present ses- 
sion, have had the same under ^consideration, and have directed me 
to report the same back to the Senate, and recommend that it be 
referred to the Committee on Finance, and be allowed. 

Which reports v/ere severally concurred in, and the claims referred 
to the Committee on Finance. 

Mr, Reagan, from the Committee on Claims, made the follovring 
ii*eport : 

Mr. President : 

The Committee on Claims, to wh<om was referred the claim of 
James B. Bryant, for six dollars and fifty cents for one large copy 
of Ciishing's Parliamentary Law for the use of the President of the 
Senate at the regular session for the year 1865, have had the same 
tinder consideration, and have directed me to report the same back 
S. J.— 31 



4Sii 

f the Senate, and recom'mend that it be referred to t'he Committee' 
i_ni Finance, and be allowed. 

Which report was concurred in. 

Mr. Richmond, from the ComiTylitee or Claims, made the following, 
report: 

Mil. President ; 

The Committee on Claims, to -whom was referrea the claims of 
Charles C. Campbell fof money expended in 1852 in arresting eer- 
tain criminals, having had the same under consideration, and have 
directed me to report the same back to the Senate and recommend 
that it be laid on the table. 

Which report was concurred \vi. 

Mr. Oyler from the Committee on Organigatron of Gouirts made ^he- 
following report ; 

Mk. President : 

The Committee on the Organization of Courts to whom was refer-- 
red Senate bill No. 288, entitled "a bill requiring the Clerks of the 
Circuit and Common Pleas Courts, to make indexes of their records^ 
and providing a compensation therefor" having had the same under 
consideration, report the same back to the Senate without amendment 
and recommend its passage. 

Which report was concurred in. 

Senate bill No. 288 was read a second time and passed to a third 
reading. 

Mr. Reagan from the Committee on Claims ma'de the following 
teport : 

Mr. President : 

The Committee on Claims, to whom was referred the claim of Pat- 
rick Brennen for service rendered during the regular session of 1865, 
have had the same under consideration, and directed me to report the 
the same back to the Senate and recommend that it be referred to 
the Committee on Finance and allowed. 

Which report was concurred in. 



483 

Mr, Bonham, from the Committee on Claims, to whom was referred 
the claims of the Daily Telegraph, Holloway, Douglass A Co., and 
Volksblatt. have had the same under consideration and recommend 
that they be referred to the Committee on Finance. 

Which report was concurred in. 

Mr. Oyler, from the Committee on the Oi'ganization of Courts, 
made the following report : 

Mr, President : 

The Committee on the Organization of Courts, to whom was refer- 
red Senate bill No. il8T, entitled "an act supplemental to an act 
entitled an act providing for the settlen)ent of decedents' estates, 
[U'escribing the rights, liabilities and duties of officers connected wich 
the management thereof, and the heirs thereto, and certain forms to 
be used in such settlement," approved June 7th, 1852, have had the 
same under consideration, and have instructed me to report the same 
back to the Senate without amendment and recommend its passage. 

Which report was concurred in. 

Senate bill No. 287, was read a second time and passed to a third 
reading. 

Mr. Cason, from the Committee on the Judiciary, made the follow- 
ing report : 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill No. 
298, entitled "an act fixing the time of holding Court in the fourth 
Judicial Circuit," have had the same under consideration, and as the 
Senate have acted on a bill from the House upon the same subject, 
have directed me to report the same back and recommend that the bill 
do lie on the table. 

Which report was concui icd in. 

Mr. Cason, from the Committee on the Judiciary, made the follow- 
ing report. 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill No. 
157, entitled "an act to enforce the Thirteenth Artick of the Consti- 



484 

tution in the Court in the Fourth Judicial Circuit" have had the same 
under consideration and have directed me to report the same back 
and recommend that the bill do lie on the Table. 
Which report was concurred in. 

Mr. Downey, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. President : 

Tlie Judiciary Committee, to Avhom was referred House bill No. 
oOO, a bill to amend section 19 of an act entitled " an act to revise, 
simplify and abridge the rules, practice, pleadings and forms in crim- 
inal actions in the courts of this State," approved June 17, 1862, 
have considered the same, and have directed me to report the same 
back to the Senate and recommend that the same belaid on the table. 

Which report was concured in. 

^Ir. Downey, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. President : 

The .Judiciary Committee, to whom wns referred Senate bill No. 
307, regulating the fare to be charged by railroads, &c., have had 
the same under consideration according to order, and have come to 
the following conclusions: 1st, That the special charters of railroad 
compnnies cannot be amended by the Legislature, unless the right to 
do so was reserved in the charters, or unless such amendment should 
be agreed to and accepted by the company. It is held by the courts 
that the charters of such corporations, are in the nature of contracts, 
and that after their acceptance by the companies they cannot be 
amended, except under the condition aforesaid, without violating the 
provision of the Constitution of the United States, which forbids any 
State to pass laws impairing the obligation of contracts. 2nd, As to 
companies organized, or which may become organized under the 
general railroad law, the committee think it would be inexpedient to 
limit them in the amount of their charges, while the companies oper- 
ating under special charters are unlimited. The committee therefore 
recommend that the said bill be laid on the table. 
Which report was concurred in. 



485 

Mr. Niles, from the Committee on the Judicuiry, made the follow- 
ing report : 

Mr. President : 

The Committee on the Judiciary, in whom was referred Senate 
bills No's. 183, 266 iind 267, in relation to the organization of courts 
of justice and destricting the State, have had the same under consid- 
eration and have directed me to report the same back without recom- 
mendation, inasmuch as they have been carefully considered by the 
committee on the organization of courts wdiich seems to be the ap- 
propriate committee. 

Which report was concurred in. 

Mr. Niles moved that the bills mentioned in the report be with- 
drawn. 

Which was agreed to. 

Mr. Downey, from the Committee on the Judiciary, made the fol- 
lowing report. 

Mr. President : > 

The Judiciary Committee, to whom was referred House bill No. 
280, a bill to amend section 14 of an act entitled " an act to limit the 
Grand Jurors, and to point out the mode of their selection, defining 
their jurisdiction and repealing all laws inconsistent therewith,'" 
approved March 4, 1852, have had the same under consideration 
and have instructed me to report the same back to the Senate -with 
the following amendments, and when so amended they recommend its 
passage. 

On page 3, line 5, after the word "felonies," strike out the word 
"only" and insert the words "and misdemeanors." 

Which report was concurred in. 

Mr. Downey from the Judiciary Committee made the following 
report. 

Mr. President : 

The Judiciary Committse, to whom was referred House bill No. 
277, a bill to amend sections 2 and 5 of an act organizing Circuit 
Courts, have had the same under consideration, and have directed 



486 

me to report the same back to the Senate with the following amend- 
ments, and when so amended they recommend its passage- 
On page 5, line 3, after the word "their," insert the word "respec- 
tive."' On same Dage, last line, strike out the word "exclusive.'" 
On page 6, line 1, strike out the words "such jurisdiction in misde- 
meanors as is provided by law," and insert the following: Concur- 
rent jurisdiction with the Common Pleas, and Justices of the Peace, 
in misdemeanors, except in those cases where the fine cannot exceed 
three dollars : 

Wiiich report was concurred in. 

The amendments and bill were ordered to be engrossed and read 
a third time to-morrow. 

Mr. Downey from the Judiciary Committee made the following 
report : 

Mr. President : 

The Judiciary Committee to whom was referred House bill No. 
278 creatine the sixteenth Judicial Circuit, have had the same under 
consideration according to order, and have instructed me to make the 
following report : 

The object of the bill, as we are informed, is to organize a Crimi- 
inal Court for Marion county, which shall have jurisdiction of both 
felonies smd misdemeanors, without interfering with the civil juris- 
diction of the Circuit Court as the same is now held. The committee 
think that the bill in question, would have the effect to create a Crim- 
inal Circuit Court in Marion county, but without some amendment, 
there would be no Civil Circuit Court in that county ; this we presume 
was not intended by the friends of the bill, and we therefore recom- 
mend that the same be amended as follows : 

Strike out all the first section after the enacting clause, and insert 
the following : 

That the county of Marion shall be enacted into, and constitute 
the Sixteenth Judicial Circuit, and there shall be established therein 
a Criminal Circuit Court, with jurisdiction as provided by law, but 
this act shall not in any way interfere with the organization of the 
Marion Circuit Court as now provided by law, nor its jurisdiction 



487 

•©•xcept'in criminal cases. The said Criminal court sTiall be "held at 
the Court House, in Indianapolis, or-^t such other place in said citv, 
as the Board of Commissioners of said county may provide ; the Clerk 
■and SkeriflF of the Marion Circuit courts, shall be the Clerk and Sher- 
iff of the said Criminal court, the said court shall ia all things not 
■otherwise .provided by law, be governed by the law now in force in 
regard to Criminal courts, and the Judge, s.nd Prosecuting Attorney, 
Clerk and Sheriff, shall receive the same salary and fees allowed bf 
law to the Judges, Prosecuting Attoruey, Clerk anl Sheriff of t'ke 
Orcuit coETt, 

In the first Hkc of sectiota two, after the word "the," insert tke 
words "Criminal Circuit." 

Which report was concurred in. 

The amendments and bill w^ere ordered to be eRgroased and rea«'l 
:a third time to-morrow. 

Mr. Cason, h-Qin the Committee -(Xi the Judiciary, made thefoUoMv- 
cng report : 

Mr. President: 

The Judiciary Committ«'e, to wla.»m was referred Senate bill N&. 

— , introduced by Mr. , entitled a bill to authorize cities to 

-erect gss works, <ic., have had the sam^e under consideration, anil 
liave directed me to report said bill back and recommend that the 
•aarae lie on the table — the Commitfese on Corpoi'ation'S having repori- 
•sd. a bill upon the same subject. 

Whieii repo-rt v/as eoacurred ia. 

Mr. Moore, from the Committer Oii Claims, -to whom was referred 
the claims of Browning & Sloan for stationery, and Merrill & Co.. 
■submitted a report reeommeRding that they be referred to the Com- 
mittee on Finance. 

Which report was concurred in. 

Mr. Ni!«s, from the Committee qv. the Judiciary, made the folkvv- 
ing report: 

Mn. Pkesident: 

The Committee oe the Judiciary, t<j whom was referred Senate bill 
.it 186. an act ito define the righuts ©f parties in joint contracts in 



48§ 

eases in ■wbieli Judgments ha^e been rendered against a part of the 
makers of such contract, but not agains^t all," have had the same 
under consideration, und have directed me to report back the follow- 
ing as a substitute for the bill, and to- recommend the passage sf the- 
substitute. 

Which report wa& concurred in. 

Senate bill No. 186, was read a seeond time and passed to a third 
reading. 

Mr. Downey, from th© Committee- on the Judiciary, made the fol- 
lowing report i 

Mr. President : 

The Judiciary Committee, to whom was referred House bill No. 
294, " an act in regard to proceedings on i"orfeited recognizances," 
&c., have had the same under consideration, and have directed me to- 
report the same back to tho Senate and recominend that the same be- 
laid upon the table. 

Which report was- concurred in. 

Mr. Cason, from the Comaiittee o-n the Judi-eJary, made th© follow- 
ing repo-rt : 

Mr. President : 

The Judiciary Committee, to whom was referred Senate bill No-^ 
274, have had the same under consideration, and hav© directed me 
to report said bill back and recommend that it do lie on the table — 
said bill being entitled " an act concerning pleadings in matters of 
claims against the estates of decedents." 

Which report was «iGa-surred in. 

Mr. Allison, from the Committee on th© Judiciary, made th® fol- 
lowing report : 

Mr. President : 

The Committee on the Judiciary, to whom was referred Senate 
resolution No. 2, have had the saaie undfer consideration, and have 
instructed me to report the same back, with the recommendation that 
it lie on the table. The committee deem further legislation on, the- 
subject embraced in the resolution unnecessary. 

Which report was concurred in,. 



489 

Mr. Woods, from the Committee on Corporations, made the follow- 
ing report : 

Mr. President : 

The Committee on Corporations, to whom was referred Senate bills- 
Nos. 80 and 85, have had the same under consideration, and recom- 
mend that they be laid on the table, as all the legislation necessary 
was embraced in Senate bill No. 103. 

Which report was concurred in. 

Mr. Allison, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr President : 

The Judiciary Committee, to whom was referred House bill No. 
279, " a bill to amend sections 9 and 10 of an act entitled ' an act 
prescribing the powers and duties of the Justices of the Peace ia 
State prosecutions,' " have had the same under consideration, and 
have directed me to report the same back to the Senate, and recom- 
mend its passage. 

Which report was concurred m. 

Mr. Downey, from the Judiciary Committee, made the following 
report : 

Mr. President : 

The Judiciary Committee, to whom was referred " a joint resolu- 
tion declaring in what manner the acts of the present session ot the 
Generiil Assembly shall be published and circulated in the various 
counties in order to cause the same to take effect," have had the 
same under consideration, and are of opinion that it is better to leave 
the taking effect of the laws to depend on their general publicatiori 
and circulation throughout the State, as seems to be contemplated by 
the Constitution. The committee, therefore, recommend that said 
joint resolution do lie on the table. 

Which report was concurred in. 

Mr. Niles, from the Judiciary Committee, made the following 
report : 

Mr. President : 

The Judiciary Committee, to vihom was referired House bill No^ 



490 

"299, entitled " an act to legalize the official acts of certain officerii 
therein named, and the^acts of their deputies as such, vrhile the prin-i 
•cipals were performing military service in the army of the Unitec 
.States," have had the same under consideration, and have directed me 
to report the same back to the Senate and recommend its passage. 
Which report was concurred in. 

Mr. Richmond, from the Committee on County and Township 
Business, made the following report : 

Mr. President : 

The Committee on County and Township Business, to whom wae 
'referred House bill No. 184, entitled ^' a bill to amend an act regu 
lating the fees of officers, and repealing former acts in relation! 
thereto," have had the same under consideration, and have directed 
me to report the bill back to the Senate, with the recommendatioQt 
that it be indefinitely postponed, for the reason that a bill similar ini 
provisions has passed the Senate at this session, and in the opinion' 
of the committee no further legislation is necessary upon this subjesct 
at this time. 

Which report was concurred in. 

Mr. Beeson offered the following : 

Mr. President : 

The chairman of the select committee on the location of an Agri-I 
cultural College, is unable to make any report on the subject of the' 
location of said 'College, trom the fact that on last evening, whenj 
notice was given to the members of said committee, they failed tO' 
attend, (except the Senator from Tippecanoe,) and not feeling them- ' 
selves at liberty to act upon the subject, therefore report the facts to j 
the Senate, for them to act as they deem expedient; and the chair-j 
man of said committee asks to be relieved from further considerations 
-of the subject. ! 

REPORTS FROM SELECT COMMITTEES. i 

Mr. Bonham, from the select committee, made the following major- 
ity report : 

Mr. President : 

Th« select committee to whom was referred Senate bill No. 291, 



491 

f entitled " a bill creating the Sixteenth Judicial Circuit, and designat- 
ing what counties shall constitute the Seventh and Tliirteentli 
i Circuits," have had the same under consideration, and instruct 
;iie to report the same back to the Senate without amendment, 
md most earnestly recommend its passage. 

Mr. Mason, from the same committee, made the following minority 
•eport : 

VIr. President : 

The minority of the select committee to whom was referred Senate 
)ill No. 291, entitled " a bill creating the Sixteenth Judicial Circuit, 
md designating what counties shall constitute the Seventh and Thir- 
eenth Judicial Circuits, and fixing the time of holding Courts in 
iach of said counties," beg leave to report that they are of opinion 
hat if the time which is appropriated to the Circuit which said bill 
)roposes to divide, be judiciously used by the Judge thereof, the 
vhole of the litigated business of the several counties which compose 
aid Circuit can be properly attended to. Besides, there are only 
ix counties that compose the Circuit which said bill seeks to divide. 
Vllowino; three weeks to each countv at each term, the Judo:e would 
■nly be employed thirty-six weeks during the year. 

The minority of said committee recommend that said bill lie on 
he table. 

Senate bill No. 201 was read a second time. 

The following message was received from the House by Mr. Nixon, 
heir Clerk : 

Jr. President : 

I am directed by the House of Representatives to inform the 
i^enate that the House has passed engrossed Senate bill No. 103, 
ivith accompanying amendments of the House thereto, said bill enti- 
led as follows : 

"An act repealing all General Laws now in force for the incorpor- 
ition of cities, providing for the incorporation of cities, prescribing 
heir powers, rights and duties, and the manner in which they shall 
ixercise the same, and regulating other matters properly connected 
herewith, and repealing certain acts^therein specified." 
. In which amendments the concurrance of the Senate is respectfully 
lequested. 



492 

Mr. Oyler, from a select committee made the followiag majori 

report : 

. .. I 

Mr. President : 

The special committee to whom -was referred Senate bill No. 2S, 
entitled ''a bill requiring Railroad Companies to give transportatil, 
to persons desiring to ship live stock or other freight over their roacj, 
and requiring such companies to charge a uniform rate therefor' 
have had the same under consideratirn, and have been unable to cor;^ 
to any definite conclusion in regard to the provisions of said bi;, 
report the same back to the Senate Avithout any recommendation, a|i 
ask to be discharged from the further consideration of the subject. i 

Mr. Ward, from the select committee to whom was referred Senaji 
bill No. 236, "a bill requiring Railroad Companies to furnish traxl- 
portation for freight to persons desiring to ship live stock or othr 
freight over their roads, and requiring such companies to charge ',. 
uniform rate therefor," begs leave to repoi't that said committi' 
failed to take any definite action thereof. In view, however, of ti 
imperative demand existing for some legislation upon the subje 
contemplated by the bill, the undersigned would recommend the pt 
sage of said bill. 

The question being on the engrossment of the bill (Senate bill !N' 
236.) I 



Mr, Oyler moved to indefinitely postpone. 

Messrs. Cullen and Ward demanded the ayes and noes. i 

Those who voted in the affirmative were, , 

Messrs. Allison, Barker, Beeson, Bennett, Bowman, Bradle,', 
Carson, Cobb, Corbin, Davis, Douglass, Downey, Dykes, Fine 
Gilford, Hanna, Marshall, McClurg, Niles, Oyler, Richmond, a 
Terry— 22. 

Those who voted in the negative were, 

Messrs. Brown of Hamilton, Cullen, Culver, Fuller, Hyatt, Jinker, 
Mason, Milliken, Moore, Noyes, Reagan, Staggs, Thompson, Vj 
Buskirk, Ward, Woods, Wright and Mr. President — 19. 

So the bill was indefinitely postponed. 



493 

Mr. Carson moved to suspend previous order and take up Senate 

11 No. 103. 

Which was agreed to. 

The question being on the amendments proposed by the House- 

i 

'. Mr Oyler moved to concur in the amendments with an amendment, 
z., to strike out all relating to publication. 
Which was agreed to. 

Mr. Cobb offered the following amendment : 

I'Strike out all, includina; line IG, to the word '° ten/' in line 25 in 
ction 41, and insert the followingr : 

ISec. 7. The cities and incorporated towns through or into which 
iVailroad may pass, may assess any railroad, building, fixtures and 
iichinery connected therewith, within the city or town limits, on the 
|me basis, and in the same manner that the like property of natural 
;^rsons is assessed, and collect the taxes thereon as other taxes are 
dlected; but the rolling machinery used in operating the road shall 
I deemed to be embodied in the taxes by the mile. 
Which, on motion, was adopted. 

iMr. Niles offered the following amendment: 

I . 

fStrike out all relating to publication. 

({Which was adopted. 

(Mr. Niles offered the following amendment: 
I 

iptrike out the words " three-fourths," in the line of the last pages 
cUhe amendments, and insert in lieu thereof the following: not less 
tin "two-thirds." 
Which was adopted. 

The amendments, as amended, were then concurred in. 



Mr. Chapman, from the Committee on Finance, made the following 
r )ort : 

.. President : 

The Committee on Finance, to whom was referred House bill No. 
33, have had the same under consideration, and have instructed m© 



494 

to report tlie same back, without amendment, and recommend it 
passage. 

Mr. Brown, of Wells, moved to refer the same to the select com 
mittee on the subject. 

Mr. Bradley offered the following amendment : 

To inquire into the expediency of striking out all in the bill Noi 
olo giving authorty to the officers named to invest in governmen 
bonds. I 

Which was accepted by the mover. 

The question being on the motion of Mr. Brown, of Wells, a: 
amended, 

Messrs. Cullen and Oyler demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bennett, Bonham, Bowman, Bradley, Brown o 
Wells, Cobb, Corbin, Cullen, Downey, English, Finch, Fuller, Gif 
ford, Ilanna, Jinkens, Marshall, Mason, Moore, Newlin, Oyler 
kStaggs and Mr. President — 24. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Brown of Hamilton, Chapman, Culverl 
Davis, Dykes, Ilord, Hyatt, Milliken, Noyes. Reagan, Terry, Thomp; 
sou, Vawter, Ward, Woods and Wright — 18. v ' 

So the report and bill were recommitted. jj 

Mr. Gifford asked and obtained leave to introduce Senate bill No! 
■^17. 

Senate bill 317. An act to legalize bonds issued by Boards ol 
County Commissioners to drafted men who entered into or procured 
substitutes to enter the military service of the United States. 

Which was read a first time and passed to a second reading. 

Message from the House of Representatives, by Mr. Nixon, tbeii 
Clerk. 
Mr. President: 

I am directed by the Speaker of the House of Representatives to 



495 

inform the Senate that he has signed the following eriToIIed acts of 
iihe House of Representatives, to- wit : 

|j ISc. 21. An act to amend the 22d section of an act entitled " ar^ 
p;ct defining misdemeanors, and prescribing punishment tberefoF," 
approved June 14, 185'2. 

No. 22. An act to legalize the sale of certain school lands in 
jiLake county. 

\ 

No. 29. An act to amend section 15 of an act entitled " an acC 

;)OJicerning inclosures, trespassing animals, and partition fences.'* 

'\ No. 52. An act to render uniform assessments of personal pro^ 
Dcrtj in the several townships of the different counties. 

; No. 58. An act to amend the 5th and <;^th sections of an ace reg- 
lilating interest on money, and to repeal an act entitled " an act con- 
;erning interest on money," approved May 27, 1852 ; the 51st sec- 
ion of the act defining misdemeanors and prescribing punishment' 
herefor, approved June 14, 1852, and all other laws and parts of 
'aws in conflict with this act, approved March 7, 1861. 

No. 75. An act to empower Railroads to construct branches to 
leiffhborina; Coal Mines. 

No. 239, An act to authorize manufacturing companies, to erect 
I dam across the St. Joseph river in Elkhart county. 
^ And the same are hereby handed the President of the Senate, and 
e is respectfully requested to attach his signature to the same, 

Mr. Cullen moved to adjourn. 
Which was agreed to. 



496 



'1 o'clock p. m, 

"^he Senate met. 

Message from the House, by Mr. Nixon, their Principal Clerk : 

Mr. President : 

I am dirrected by the House of Representatives to return to the 
Senate House bill No^ 79 for correction of Senate message reporting 
amendments thereto. 

On motion by Mr. Wright, the Principal Secretary of the Senate 
•was ordered to return said message. 

Message from the House, by Mr. Nixon, their Principal Clerk : 

Mr. President : 

I am directed by the Speaker of the Hour;© of Representatives to 
inform the Senate, that he has signed the following enrolled acts of 
the House of Eepresentatives, to-wit : 

Enrolled act No. 33. An act to amend the 8th section of an act 
entitled " an act to regulate and license the sale of Spirituous, Vin- 
ous, Malt and other intoxicating liquors, to prohibit the adulteration 
t)f liquors, to repeal all former laws contravening the provisions of 
this act, and prescribing penalties for violation thereof,"' approved ' 
March 5, 1859. 

Enrolled act No. 53. An act to amend section 14 of an act enti- , 
tied "■ an act to provide for the more uniform mode of doing town- 
ship business, prescribing the duties of certain officers in connection 
therewith, and to repeal all laws in conplict with this act," approved 

Feb. 18, 1859. 

Enrolled Joint Resolution No. 11. A joint resolution for the 
relief of Geo. W. Archer, refunding to him the purchase money and 
interest thereon, paid for certain real estate sold as swamp lands by 
the State, when the title was in one Michael John. 

To which said acts the signature of the President of the Senate is 
respectfully requested. 



49^/ 

1 aro farther directed to inform the Sel^.ate that the House h^8 
tconcurred in the amendments of the Senate to House bill No. 119 
entitled " a bill to establish and create a State Normal School, and 
matters connected therewith." 

Mr. Bonham, from the Coramittee on Claims, made the following; 

5report : 

Mr. President : 

The committee to whom was referred the claim of N, T. Cunning- 
ham, late Treasurer of State, for certain moneys alleged to be due him 
as such Treasurer, has had the same undfr consideration and a 
majority of said committee have directed me to report said claim to 
the Senate with the recommendation that it be allowed and referred 
to the committee on !^inance. 

Mr. Moore, from the Committee o^ Claims, made the following 
feport : 

^Ir. President : 

The Committee on Claims, h^ve had the claim of Henry Coleman, 
under consideration, for three days work after the close of last session-, 
and recommend that it be referred to the Committee on Finance, and 
|;that he be allowed ten dollars. 

j Mr. Cason, from tire select committee on the subject of the Adju-- 
tant General's Report, made the following report : 

!Mr. President : 

j The select committee, to which was referred the following resolu- 
'tion o'f the Senate : 

'Whereas, That whvsn, on yesterday, the second volume of the Adju- 
tant General's Report was laid on the desks of Senators, they were 
perfectly surprised at the voluminous character of the work, and 
by what authority the same was ordered : Therefore, 

Be it resolved. That a committee of three be appointed to inquire 

by what authority these publications were made, the number of vol- 

ames, and the probable cost of the same, and report their proceedings 

^.0 the Senate at as early a day as possible, and that the committee 

S. J.— 32 



56 authorized to ascertain and report to the Senate tne name of the 
member ^vllo brought into the Senate the resolution ordering said pub- 
lication, have had the same under consideration and beg leave to sub- 
mit the following report : 

The Adjutant General's Report was prepared and printed upor 
the authority of the following resolution of the House and Senate. 

On the 4th day of March, 1865, the House passed the foUovzing : 

Resolved, That the Adjutant General be requested to make up r: 
full and complete report of this oflRce, which shall embrace the names- 
residences, date of enlistment and number and date of discharge or 
death of every officer, soldier and marine enlisted in the military or 
naval service of the United States during the present war, with such 
information to the State, or United States service, as may be of public 
interest and in similar style to those published by other States. Two' 
■Thousand copies of which report shall be printed and bound under the 
direction of the Adjutant General, as the other public documents arc 
printed and bound. 

On the sixth of said month, and two ^ays following the adoptioD 
of the above report by the House, the Senate passed the follovfing : 

'•'Resolved^ That twenty-five hundred copies of the Report of the 
Adjutant General of Indiana be printed for the use of the members 
of the Senate." 

Taking these resolutions together, your committee must come tc 
the conclusion that the Adjutant General was authorized in making 
and having printed and bound, for distribution, the Report, the second 
Tolume of which has been laid on the desks of the Senators. 

The committee, however, find, upon careful examination, that the 
Senate, at the time of the passage of the resolution above set forth, 
were ignorant of the fact that the House had passed their resolution 
setting forth and directing the kind of Report that the Adjutant 
General should make and cause to be printed and distributed. 

The resolution passed by the Senate cannot, unconnected with the 
House resolution, be construed to authorize a report of volumes in 
number, printed and bound, and your committee hazard nothing in' 
saying that no Senator contemplated authorizing the making and' 
publishing of a report of such magnitude spon the authority of this 
resolution ; but, on the contrary, every Senator had in his mind, the 
report in small pamphlet stylo, of the usual form made and published 
bv this office. 



499 

And it is due to the Senate to say, tliafc in consideration of the 
apparent hasty actions upon a resolution of such importance, should 
it have contempiated the report ma<]e by the Adjutant Gentral, that 
it was presented to the Senate at the moment of its final u'ijourn- 
ment, and being in the usual form of resolution for the printin-^ and 
listribution of public documents, and the Senate bein;^ iirnorant of 
■he action of the House, passed the same by unanimous consent, 
relieving that nothing but the usuhI and ordinary report of this ofiice 
ivas to be made, and had the Senate contemplated any other kind of 
I report, the resolution would have been referred, as all important 
;ubjects are, to some com.mittee, with instructions to inquire into the 
)ropriety of making the siv.nv, and the size and cost thereof. 

In making this statement we do not wish to be understood as 
eflecting upon, or censuring the action of the at)le officer making 
his report. 

The resolution of the House undoubtedly authorized and directed 
im to make such a report, and so far as the committee have had 
ime to examine the work, they find it ably and faithfully executed. 

The printing of the report is the duty of another olhcer, and over 
hich the Adjutant General has no control. It is also due to the 
ublisher to say that the work, as far as completed, is substantially 
ad handsomely executed. 

; It will be seen by the foregoing statement that the Senate is called 
;oon to decide a question of much importance, and under circum- 
jances, perhaps, never before presented to the legislative body. If 
:e proceed with the publica;tion of the report, it will make a heavy 
■(aft upon the treasury, at a time when the strictest and most vigi- 
int economy should be exercised; if, on the other hand, we stop Its 
irther publication, we fail to perform a duty we owe to our brave 
jid gallant volunteers in perpetuating and transmitting to posterity 
e record of their noble defense of their Government and the rights 
\ freemen. We further find that the Adjutant General has scrfar 
fogressed with his part of the work that there would be but little 
ived in his office by stopping the preparation of the report, and 
ijuid a future Legislature deem it expedient to continue tne publi- 
::ion of the report, it would only add to the cost thereof, in re-ar- 
nging the work now nearly completed. In the publishing depart- 
' nt, we find one volume of 4,500 copies already issued, and one- 
;.rd of another volume worked off, of the the same number of copies. 
lese volumes complete the Rosters of the officers, and it needs uo 
i;ument on the part of your committee to convince Senators of the 



500 

justice and propriety of doing for the common soldier all we have 
done for his officers. 

In view of the imperative necessity for the exercise of the strictest' 
economy, your committee called on the State Printer and requested' 
him to submit a proposition, in writing, of the cost per volume, the' 
number of volumes and pages necessary to complete the report. Im 
response to our request, he furnished us with the following proposi-. 
tion; 

Indianapolis, Indiana, \ 
December 14, 1865. j 

Hon. Tnos. J. Cason, 

! 

Chairman Committee on Adjutant GtneraVs Report: \ 

I 
Sir : — I will print and bind 4,500 copies of the Adjutant General'gj 
Report, furnishing paper and all materials, in a style corresponding! 
with the volume already issued, at one dollar and ninety cents (§1.90)i 
per volum-e. The number of volumes yet to be issued not to exceed' 
six, making seven for the complete set, the volumes to average 700 
pages each. The third volume is already in press, and about one- 
third of an edition of 4,500 copies printed. If three thousand copies 
are odrered of any of the volumes not yet printed, the price -will be' 
two dollars (^2.00) per volume. The copies intended for Township! 
and other Libraries will he bound in full leather, library style, with-' 
out extra charge. ! 

Very Respectfully, 

Your obedient servant, ' 

W. R. HOLLOWAY, ' 

State Printer. 

It will be seen, from this proposition, that for a work of the char- 
acter of the volume published, being rule and figure work, in large 
ype, on fine white paper, neatly and tastefully bound, that the cost is, 
"below the amount allowed by law, or what is customary for work of 
like character. We would, therefore, recommend that the aforesaid 
proposition of W. R. Holloway, State Printer, be accepted at one 
dollar and ninety cents per volume, for 4,500 copies. 

One of the most objectionable features of the resolution passed by 
the Senate, was the provision requiring the full number to be printed 
for the use of the Senate, which makes it look as though the treasury 
must b« depleted for the gratification and personal benefit of the 



501 

members of this body. And while it would undoubtedly be under- 
stood that Senators would distribute the full number to their constit- 
uents, except, perhaps, one copy for themselves, yet it w^ould give 
rise to charges that the distribution had been made to party and per- 
sonal friends, instead of to those who most deserved the compliment, 
and to the places where they would most certainly he preserved. 

For the purpose of carrying out the recommendation above set 
forth, and to modify said resolution so as to abolish the objection 
stated, your committee report the accompanying concurrent resolu- 
tion, which they recommend to be adopted. And that said resolution, 
when adopted, together with this report, be spread upon the Journal. 

Your committee would ask to be discharged from further consider- 
ation of this subject. 

All of which is respectfully submitted. 

Be it refiolved by the Senate, {the House concurring). That the prop- 
osition of W. R Holloway made to the Select Committee of the two 

Houses, on the Adjutant Generals Report, and dated December 

inst., to print 4,500 copies of said report, be and the same is hereby 
iaccepted, and that he be authorized to continue the publication of 
isaid report on the terras and conditions therein named, that the said 
report be distributed and be disposed of as follows : 

I 

': 1st. Fifteen hundred copies be retained by the Adjutant General, 
and by him turned over to the State Librarian, who shall sell the 
same at their cost price per volume, and shall pay the money so re- 
ceived from such sale into the State Treasury. Said librarian shall 
make a full and complete report of the sales, stating the number of 
volumes sold, and the number of volumes remaining in his hands to 
the General Assembly, on the first Monday of each subsequent ses- 
sion, as long as there may be any remaining unsold, and he shall 
iubrait with said report the State Treasurer's receipts for any and 
ijill money he may have paid into the State Treasury on account of 
md sales. 

i 2d. One copy to each of the township libraries in the State, one 
each county Clerk, Auditor and Recorder, to be retained in their 
•espective offices for reference, and to each county and other public 
ibraries; one to the Adjutant General of each State and Territory, 
be forwarded by the Adjutant General of this State; one to each 
state library, to be distributed by the State Librarian ; one to each 
aember of the present General Assembly of the State of Indiana; 



502 

fifty copies for the use of the departments at Washington city, D. C 
twenty copies for the use of the State officers ; one to each ot thi 
leading governments of Europe, and to the Continent, to be forwarder 
by the Adjutant General to the ofl&cers of the United States Gov- 
ernment, and by them retained in their offices, and the remainder o 
said reports to be deposited in the State Library for preservation an( 
safe keeping ; the State Librarian shall append to his report requiret 
by the first resolution herein, a full statement of the number of vol 
umes distributed, and to whom distributed, and the number not dis 
tributed, together with the number in the State Library. . 

8d. That it shall be unlawful for any librarian to allow any one, 
of said reports, or any volume thereof, to be taken out of the library! 
but lie shall keep said report in the library for preservation and ref 
erence, and it is hereby made the duty of the State Printer to prin 
and paste on the inside cover of \olume one, this resolution. 

4th. So much of the resolution of each House, passed at its last 
session as relates to the distribution of said reports is hereby repealec 
and received. 

Mr. Cason introduced the following concurrent resolution : 

[Copy not furnished. — State Printer.] 

Mr. Hord moved to lay the resolution on the table. 

Messrs. Hord and Williams demanded the ayes and noes. 

Those v/ho voted in the affirmative were, 

Messrs. Barker, Bowman, Cason, Corbin, Douglas, Downey, Eng- 
lish, Finch, Fuller, Gifford, Hanna, Hord, Jinkens, Marshall 
McClurg, Mason, Moore, Newlin, Staggs, Vawter, Williams, Wrigh 
and Mr. President— 23. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton 
Castm, Chapman, Cobb, CuUen, Culver, Davis, Dykes, Hyatt, Milli- 
ken, Niles, Noyes, Oyler, Reagan, Terry, Thompson, Van Buskirk. 
Ward and Woods— 21. 

So the resolution lies on the table. 

Mr. Cason moved a call of the Senate. 
Which was atjrreed to. 



% 



o03 

'Tl'ieee who answered to their names v/ere, 

3srs. Allison, Barker, Eeeson, Bennett, Bonhara, BowmaT.., 
Bradley, Brov/n of Hamilton, Carson, Oason, Chapman, Cobb, Cor- 
bin, Cullen, Culver, Davis, Douglas, Downey, Dykes, English, Finch, 
Fuller, Gilford, Hanna, Hord, Hyatt, Jinkens, Marshall, McGlurg^ 
Mason, Milliken, Moore, Newlin, Niles, Moyes, Oyler, Reagan, 
SlichmoPtd, Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward. 
Williams, Woods, Wright and Mr. President — 48. 

Mr. Oyler moved to dispense with the further call of the Senate. 
Which was agreed to. 

,„ The question recurring on the adoption of the Resolution., 

Messrs. Bi'owR of Wells and Corbin dem.anded the ayes and noe&. 

Those whc voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cobb, Cullen, Culver, Davis, Dykes, Hyatt, Milli- 
ken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Thompson, 
¥an Buskirk, Ward and Woods — 24. 

These who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Carson, Corbin, Douglas. 
Downey, English, Finch, Fuller, Gilford, Hanna, Hord, Jinkens, 
Marshall, McClurg, Mason, Moore, Newlin, Staggs, Vav/ter, Wil- 
liams, V/right and Mr. President — 2-1. 

So the Resolution did not pass. 

Mr. Hanna moved to suspend the previous order and take up House 
;bill No. 82, 

Which was agree<i to. 

Engrossed House bill No. 82. A bill concerning the creation of 
•corporations for the purpose of maintaining high schools within ths 
.State, and giving the reojuisite powers to such corporations. 

Was read a third time. 

The question being on the passage of the bill^ 
Shaul ifee Ml pass ? 



&04 

Those wiio voted in the afiSrmative vreT&, 

Messrs. Allison, Barker, Beeson, Bennett, Bonhara, BoAvman,, 
Bradley, Brown of Hamilton, Carson, Cason, Chapman, Cobb, Cor- 
bin, Cullen, Culver, Davis, Douglas, Downey, Dykes, English, Finch, 
Fuller, GifFord, Hanna, Hord, Hyatt, Jinkens, Marshall, McClurg,. 
Mason, Milliken, Moore, Niles, Noyes, Oyler, Reagan, Richmond,, 
Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, Williams,, 
Woods, Wright, and Mr. President — 47» 

None voting in the Negative. 

So the bill passed. 

The question being, shall th© title of the bill stand as read r 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Niles moved to suspend previous order and take up Seaate- 
bill No. 816. 

W^hich v/as agreed to. 

Engrossed Senate bill No. 316. A bill provididg for the more 
secure and less expensive accommodations foi* the OfBcers of State 
and the Judges of the Supreme Court, for securing the means therefor 
by loan of the Sinking Fund, and for effecting a sale of the Stat& 
Treasury lot, towards reimbursing such laws. 

Was read a third time. 

The question being on the passage c^f the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bmrlmts, dason, Chapman, Csir~ 
fer, Davis, Dykes, Hanna, Niles, Richmond, Thompson, Van Bus- 
kirk, Vawter, Ward, Woods, Vfright and Mr. President — 19.. 

Those who voted in the negative were^, 

Messrs. Barker, Bowman, Bradley, Brown of Hamilton, Carson^ 
€obb, Corbin, Cullen, Douglas, Downey, English, Finch, Fuller, Gif- 
ford, Hord, Hyatt, Jinkens, Marshall, McClurg, Mason, Milliken^ 
Moore, Newlin, Oyler, Reagan, Staggs, Terry, and Williams — 28". 



505 

So the bill did not pass for want of a constitutional majority. 

Mr. Williams moved to suspend the previous order for the puipos© 
of introducing a resolution. 
Which was agreed to. 

Message from the House by Mr. Nixon, their Clerk. 

Mr. President: 

I am directed by the House of Representatives to inform the iSen- 
ate that the House has passed Senate bill No. 21, with accompanying 
amendments, entitled as follows : 

An act to amend sections 9, 10, 18, 23, 2-4 and 83 of an act enti- 
tled " an act to incorporate the town of Vernon, Jennings county, 
Indiana," approved January 22, 1851. 

In which said amendments the concurrence of the Senate is res- 
pectfully requested. 

I am further directed to report that the House has passed engrossed 
House bill No. 256, entitled " a bill for incorporating hydraulic com- 
panies, and defining their powers and duties.'' 

In which the concurrence of the Senate is respectfully requested. 

Mr. Williams then introduced the following resolution : 

Whereas, Aquilla Jones, while Treasurer of State, did advance to 
Governor Willard, on account of his salary, the sum of eight hun- 
dred and fifty-nine dollars and eight cents, which remained unpaid 
at the time of his death : And Whereas, His successors in office 
have been receiving much larger sums of money as salary and con- 
tingents than he, the said Willard : Therefore, 

Resolved, That the Committee on Finance are hereby authorized 
to incorporate the same in the specific appropriation bill of the pres- 
ent session, and authorize the same to be paid to the said Aquilla 
Jones. 

Upon the adoption of which Mr. Bennett moved the previous ques- 
tion. 

Which was seconded by the Senate. 

The question being, shall the main question be now put? 
It was so ordered. 



.506 

The question being upon tlie adoption of the resolution, 

Messrs. Williams and Bennett demanded the ayes and noes. 

Those who voted in the affirmative were, . .., 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb. 
(Qorbin, Douglas, Downey, Dykes, English, Fuller, Gifford, Hanna. 
Hord, Jinkens, Marshall, Mason, Moore, Staggs, Thompson, Vawter. 
Ward, Williams and Mr. President — 25. 

Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton , 
Chapman, Cullen, Culver, Davis, Hya.tt, Milliken, Noyes, Oyler, Rea- 
gan, Richmond, Terry, Van Buskirk, Woods and Wright — 19. 

So the resolution was adopted. 

Mr. Vawter moved to suspend the previous order, and take up the 
message of the House in reference to Senate bill No. 21. 
Which was agreed to. 

Amendments of House of Representatives to engrossed Senate ! 
bill No. 21. I 

First. Amend the title of said bill by adding after the word i 
" eighteen" the word " niueteen." ; 

Second. Amend by striking out the words "tract," "tract of 
iand," "land," "parcel of land," wherever thev occur, and insert i 
^'lot." 

Strike out the word "Recorder,'" in the 29th section, and insert 1 
the word " Marshal." 

The question being on concurring in the forgoing amendments. 
They were concurred in. 

Mr. Bonham moved that when the Senate adjourned, it be until 
7 o'colck this evening. 

Messrs Vawter and Bennett demanded the ayes and noes. 

Those who voted in the aflSrmative were, 
Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley 



507 

Brown of Hamiltom, Carson, Cason, Chapman, Cullen, Downey, 
Dykes, Gifford, Hyatt, Mason, Milliken, Newlin, Noyes, Reagan, 
Thompson, Van Buskirk, Vawter, Ward, Williams, Woods, Wright, 
and Mr. President — 28. 

Those who voted in the negative were, 

Messrs. Barker, Brown of Wells, Corbin, Culver, Davis, Douglas, 
English, Finch, Fuller, Jinkens, Marshall, McClarg, Moore, Niles, 
Oyler, Richmond, Staggs and Terry — 18. 

So the motion was agreed to, 

Mr Cullen moved to take up the message in relation to House bill 
No. 256. 

Which was agreed to. 

Engrossed House Bill No 25G. A bill for incorporating Hydraulic 
Companies and defining their duties and powers. 
Was read a first time. • 

Mr. Cullen moved to suspend the previous order and read the bill 
a second time now. 

Those Avho voted in the aflirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Brown of Hamilton, Carson, Cason, Chapman, Cullen, Culver, Davis, 
Douglas, Downey, Dykes, English, Finch, Fuller, Gifford, Hord, 
Jinkens, Marshall, Milliken, Moore, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, Terry, Thompson, Ward, Williams, Woods, 
Wright and Mr. President— 38. 

None voting in the negative, 
So the rules were suspended. 

House bill No. 256, was read a second time by title, and, 

On motion by Mr. Corbin, 
Referred to the Committee on Canals and Internal Improvements, 

Mr. Oyler moved to suspend the rules and read Senate bill No. 
286 a third time . 



508 

Those who voted in the aflSrmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, 
Corbin, Cullen, Culver, Davis, Downey, Dykes, English, Finch, 
Fuller, Gifford, Hord, Hyatt, iNIilliken, Moore, Newlin, Niles, Noyes, 
Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, 
Vawter, Wright and Mr. President — 39. 

Mr. Williams only voting in the ncijative. 

So the rules were suspended. 

Engrossed Senate bill No. 286. An act to amend second section 
of an act, entitled "an act prohibiting vSuprerae, Circuit, or Common 
Pleas Judges, County Clerks, Auditors, Treasurers, Recorders, 
Sheriffs and their deputies, from practicing law in any of the Courts 
of this State, except as in this act permitted, and prescribing pun- 
ishment for violation thereof, and prescribing the duties of Courts in 
reference thereto, ' 

Was read a third time. 

Mr. Williams moved to recommit with the following instructions, 
viz., to include the members of the General Assembly. 

Mr. Cullen moved to amend by inserting the words from the first 
day of the session. 

Mr, Brown of wells moved to lay the amendment and the amend- 
ment to the amendment on the table. 

Messrs. Williams and Brown of Wells, demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Allison, Beason, Bennett, Bonham, Brown of Hamilton, 
Brown of wells, Carson, Cason, Chapman, Corbin, Cullen, Davis, 
Downey, D3'kes, Finch, Gifford, Hanna, Hord, Mason. Newlin, Niles, 
Oyler, Richmond, Thompson, Van Buskirk, Vawter, Ward, Wright 
and Mr. President — 30. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Cobb, Culver, English, Fuller, 



509 

Hyatt, Jinkens, Milliken, Moore, Noyes, Reagan, Staggs, Terry and 
Williams — 16. 

So the amendments lie on the table. 

The question being on the passage of the bill, 

Shall the bill pass? 

: Those wlio voted in the affiriiKitivo vrere, 

Messrs. Allison, Beeson, Bennett, Bonham, Brov,n of Hamilton* 
Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen, Culver, 
Davis, Downey, Dykes, Fuller, Gifford, Ilanna, Hord, Hyatt, Mason, 
Niles, Noyes, Oyler, Reagan, Richmond, Thompson, Van Buskirk, 
Vawter, Ward, Wright, and Mr. President — -o2. 

1 Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Corbin. English, Finch, Jin* 
kens, ivloore, Newlin, Staggs, Terry and ^Villir.nis — 12. 

I So the bill passed. 

I The question being, shall the title of the bill stand as read ? 
I It was so ordered. 

I Ordered, That the Secretary inform tlie House thereof. 

J Senate bill No. 40 was read a third time. 

Mr. Dunning moved to postpone the further consideration of tlie 
bill and make it the special order for to-morrow at 9 o'clock, A. M. 

The following message was received from the House by Mr. Nixon, 
their Clerk : 

Mr. President: 

I am directed by the House of Representaiivcs to inform the Sen- 
ate that the House has passed the following engrossed bill of the 
House, to-wit : 

Engrossed House bill No. 329. A bill making general appropria- 
tions for the year one thousand eight hundred and sixty -six, repeal- 
ing certain sections of an act therein named, and declaring an emer- 
, gency. 



510 

1 am further directed to state that the House has concurred in 
Senate amendments to House bill No. 79. 

And further, that the House has concurred in the amendments of 
the Senate to the amendments of the House to Senate bill No. 103, 
the City Charter bill. 

On motion by Mr. Wright, .. ■ 

The Senate adjourned. 



7 o'clock, p. m. 
The Senate met. 

Mr. Corbin moved a call of the Senate. 
"Which was agreed to. 

Those who answered to the call of their names were, 

Messrs. Allison, Barker, Beeson, Bennett. Bonhara. . Bowman, 
Bradley, Brown of Hamilton, Brown of Wells, Carson, Cason, Chap- 
man, Corbin, Cullen, Davis, DoAvney, Dykes, Finch, Gifford, Hyatt, 
Jinkens, Marshall, Mason, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Thompson, Van Buskirk, Vawter Ward, Woods, Wright and 
Mr. President— 36. 

Mr. Corbin moved that the absentees be sent for. 
Which was agreed to. 

Messrs. Williams and Englisli Avere excused on account of ill 
health. 

Mr. Bonham moved that further proceedings under the call be dis- 
pensed with. 

Which was agreed to. 

Mr. Corbin moved to suspend the previous order. 
Which was agreed to. 

Mr. Corbin then introduced the following resolution : 

Resolved, That A. E. & W. H. Drapier be allowed for Brevier Le- 
gislative Reports furnished last session in compliance with resolu- 
tions then passed ; and, also, at the same rate, viz., two-thirds of one 



611 

t'ent a page per copy for the same number of copies of the eurreu'i 
volume for the present session. 

Mr. Bennett moved to refer the resoluti&n to the Committee on 
Finance, with instructions to incos'porate the same in the specific 
appropriation bill. 

Which was agreed to. 

SENATE BILLS ON THIRD READING. 

Engrossed Senate bill No. 309. An act to amend the Sth and 45tb 
sections of an act entitled "' an act to reduce the law incorporating 
the City of Madison, and the several acts amendatory thereto, inte> 
one act to amend the same," approved February 8, 1848. 

Was read a third time. 

The question being on the passage of the bill. 
rShall the bill pass. 

' Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Bradley, Brown of Hamilton, Carson, Cason, Chapman, Cobb, Cor- 
bin, Culien, Davis, Downey, Dykes, Finch, Gifford, Hyatt, Jinkens. 
Marshall, Mason, Milliken, Moore, Newlin, Niles, Noyes, Oylefy 
Reagan, Richmond, Staggs, Terry, Thompson, Van Buskirk, Vawter, 
Ward, Woods. Wright and Mr. President — 38. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title stand as readY 

It W3s so ordered. 

Ordered^ That the Secretary inform the House thereof. 

The following message wag received from the Rouse, by Mr, NixoD^ 
their Clerk. 

Mr. President : 

I am directed by the House of Representatives to inform the 
Senate, that the House has passed the following engrossed bilh there- 
of, to-wit : 



512 

Engrossed House bill No. 255. A bill supliraental to an act en- 
titled " an act for the incorporation of Insurance Companies, de* i 
fining; their powers and prescribing their duties, approved March 

17, 1852. 

Engrossed House bill No. 207. A bill regulating Foreign Insur- 
ance Companies, doing business in this State, prescribing the duties 
•of tlie agents thereof, and of the Auditor of State in connection 
therewith. 

Engrossed House bill No. 328. A bill making specific appropria'- 
tions for the year 1859, 1861, 1863, 1865 and 1866. 

In the passage oC which the concurrance o'i the Senate is respect'- 
fully requested. 

Mr. Dunning, (Mr. Richmond in the chair,) moved to reconsider 
ihe vote by w'hich the Concurrent Resolution of Mr. Cason upon the 
Adjutant General's Report, was not adopted. 

Which was agreed to. 

The question being on the adoption of the Resolution. 

Mr. Vav/ter moved to insert the word " present " before the words, 
'* General Assembly " 
Which was agreed to. 

Mr. Downey offered the following amendment : 

x\ffiend by striking out all relating to the taking of 1500 copies to 
be deposited with, and sold by the Librarian, and reduce the aggre- 
.gate and to be paid in proportion. 

Mr. Cullen moved the previous question^ 
Which was seconded. 

The question being, shall the main question be now put? 
It was so ordered. 

The question being on the adoption of the arnendment. 

Messrs. Brown of Wells, and Ilanna demanded the ayes and noes. 

Those who voted in the aflSfmative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cor» 



513 

bin, Downey, Finch, Gifford, Hanna, Jinkens, Marshall, Mason, 
Moore, Newlin and Staggs — 16. 

Those who voted in the negative v,-ere, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cobb, Cullen, Davis, Douglas, Dvkes, Hyatt, 
Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, Tliorapson, 
Van Buskirk, Vawter, Ward, Woods and Mr. President — 2(J. 

So tlje amendment was not adopted. 

The question being on the adoption of the original resolution. 

Messrs. Hanna and Cullen demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. x\llison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cobb, Cullen, Davis, Douglas, Dykes, Gifford, 
Hyatt, Milliken, Niles, Noyes, Oyler, Reagan, Richmond, Terry, 
Thompson, Van Buskirk, Vawcer, Ward, Woods and Mr. President 
—29. 

Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cor- 
bin, Downey, Finch, Hanna, Jinkens, Marshall, Mason, Moore, 
Newlin and Staggs — 15. 

So the resolution was adopted. 

Mr. Oyler moved to reconsider the vote and moved to lay that 
motion on the table. 
Which was agreed to. 

Mr. Oyler moved to take up House bill No. 253. 
Which was agreed to. 

House bill No. 253, entitled "a bill to amend section 8 of an act 
entitled, "an act to fix the time of holding the Common Pleas Court 
in the several counties in this State, the duration of the terms thereof, 
and making all process from the Common Pleas Courts returnable to 
such terms, and declaring when the same shall take effect, and re- 
pealing all laws inconsistent therewith, approved March 5, 1859, and 
which Bch section was amended, and approved March 11, 1861. 

Was read a first time and passed to a second reading. 
S. J.— 33 



514 

Mr. Bennett moved to take up House bills on their first readings 
Which was agreed to. 

Joint Resolution No. 20. A joint resolution instructing our Sen- 
ators, and requesting our Representatives in Congress for the pas- 
sage of an act equalizing the pay of soldiers and officers engaged in- 
the suppression of the rebellion. 

Was read a first time. 

Th<j question being on the passage of the resolution. 

Shall the resolution pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bradley, Brown of Hamilton^ 
Oason, Chapman, Cobb, Cullen, Culver, Davis, Douglas, Downey,- 
Dykes, Finch, Gilford, Hyatt, Jinkens, Marshall, Mason, Milliken, 
Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs; 
Terry, Thompson, Van Buskirk, Vawter. Ward, Woods, Wright and 
Mr. President — 37. 

None voting in the negative. 

So the resolution passed. 

' The question being, shall the title of the resolution stand as read? 
It was so ordered. 
Ordered, That the Secretary inform the House thereofo 

Mr. Cullen moved a call of the Senate. 
Which was agreed to, 

When the following members answered to their names ; 

Messrs. Allison, Barter, Beeson, Bennett, BoAvman, Bradley,- 
Brown of Hamilton, Carson, Cason, Chapman, Cobb, Corbin, Cullen, 
Culver, Davis, Douglas, Downey, Dykes, Finch, Gilford, Hanna, 
Hyatt, Jinkens, Marshall, Mason, Milliken, Moore, Newlin, Niles, 
Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thompson, Van 
Buskirk, Vawter, Ward, Wright and Mr. President— 4L 



S15 

Mr, Be-QTiett moved that the absentees be sent for, and their Earn©:? 
"Spread upon the record. 
Which was agreed to. 

Those absent v/ithout leave were Messrs. Hord and McClurg. 

jNIr. Chapman moved that the doors be locked^ 
"Which was agreed to. 

Mr. Dunning (Mr. Ricliraond in the chair,) moved to dispense with 
mrther proceedings under the call. 
Which was agreed to. 

Mr. Oyler raised the following point of erder, viz.: the call being 
•dispensed with, the doors should be unlocked. 

The President (Mr. Richmond in the chair,) decided that the point 
was not well taken. 

Mr. Oyler appealed from the decision. 

The question being, shall the decision of the Chair stand as the 
judgment of the Senate? 
It was so ordeTed. 

Engrossed House bill No. 164. A bill to provide for locating and 
working highways situated upon, contiguous to, or near by county 
Mnes. 

Was read a first time. 

HOUSE BILLS ON THEIR FIRST READING. 

Engrossed House bill No. 206. A bill to amend section seven of 
an act entitled " an act to provide for the erection and repair of 
bridges, and to repeal an act entitled ' an act to provide for the eree- 
iion and repair of bridges,' " approved May 12, 1852. 

Was read a fir^t time and passed to a second reading. 

Engrossed House bill No. 207. A bill regulating foreign Insur- 
ance Companies doing business in this State, prescribing the duties 
of the Agents thereof, and of the Auditor of State in connection 
therewith. 

Mr. Chapman moved to sUBpend the constitutional provision requir- 
ing the bill to be read by sections on three several days. 



616- 

Tliose wlio voted in the aflSrmative were, 

Messrs. Allison, Beeson, Bennett, Bonharo, Bowman, Braoley 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb^- 
Corbin, Cullen, Culver, Davis, Downey, Dykes, Gifford, Hyatt, Jin- f 
kens, Mason, Milliken, Hewlin, Niles, Noyes, Oyler, Reagan, Rich- < 
mond, Staggs, Terry, Thompson, Van Buskirk, Yawter, Ward^ 

Wright and Mr. President — 37. « ; 

'( 

Those who voted in the negatJTe were^ .)) 

Messrs. Barker and Moore — 2. '' '\ 

So the constitutional provision was saspended. 

Engrossed House bill No. 211. A bill to enable common carriers' 
to dispose of unclaitned freight or baggage. 

Mr. Chapman moved to suspend the constitutional provision requir'" 
ing the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Besson, Bennett, Bonham, Bowman, Bradley^ ' 

Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb,- i 

Corbin, Cullen, Culver^ Davis, Downey, Dykes, Gifford, Hyatt, Jin- I 

kens, Mason, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, Rich- i 

mond, Staggs, Terry, Thompson, Yan Buskirk, Yawter, Wardy ; 

Wright and Mr. President — 37. \ 

Those who voted in the negative were, 

Messrs. Barker and Moore~2. 

So the Constitutional provision was suspended. 

Engrossed House bill No. 284. A bill to repeal an act in relation \ 
to the repeal of certain officers, approved January 3, 1861. 

Mr. Chapman moved to suspend the Constitutional provision re- 
luiring the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman. Bradley? 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman^r 



5i7 

Co'bb, Corbin, Cullen, Culver, Davis, Downey, Dykes, GitTord, Hyatt. 
Jinkens, Mason, Milliken, Newlin, Kiles, Noyes, Oyler, Reagan, 
ilichmond, Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, 
Wright and Mr. President — 37. 

Those who voted in the negativ-e were, 

Messrs. Barker and Moore— 2. 

So the provision was euspended. 

Engrossed House bill No. 238. A bill to authorize Foreign Guar- 
dians^ to take possession of the personal property of their wards, and 
receive and receipt for moneys belonging to their said wards in this 
State and sue for and recover such property or money in the court? 
■of this State. . 

Mr. Chapman moved to suspend to Constitutional provision re- 
-{uirJRg the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, < -arson, Cason, Chapman, 
Cobb, Corbin, Cullen, Culver, Davis, Downey, Dykes, GifFord, Hyatt, 
Jinkens, Mason, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, 
Richmond, Staggs, T-erry, Thompson, Van Buskirk, Vawter, Ward, 
Wright and Mr. President — 37. 

Those who voted in the negative were, 

Messrs. Barker and Moore — 2. 

So the Constitutional provision was suspended. 

House bill No. 240. An act to relieve county Auditors, Treasurers, 
Trustees, Assessors and other officers in certain -cases, for the year 
1865 from the penalties attached for the violation of an act to dis- 
courage the keeping of useless and sheep killing dogs, approved 
March 2, 1865, and declaring an emergency. 

Mr. Chapman moved to suspend the (Constitutional provision re- 
squiring the bill to be read by sections on three several days. 



518 

Those who voted in the affirmative were^ . .' ' * 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley^ 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman^, 
Cobb, Corbin, Cullen, Culver, Davis, Downey, Dykes, Gifford, Hyatt^ 
Jinkens, Mason, Milliken, Newlin, Niles, Noyes, Oyler, Regan, 
Riclimond, Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward^ 
Wright and Mr. President — 87. 

Those w vo'^ed in the negative were^ 
Messrs. Barker and Moore — 2. 

So the Constitutional provision was suspended. 

House bill No. 255. A bill supplemental to an act entitled " aa, 
act for the incorporation of Insurance Companies, defining their 
powers and prescribing their duties," approved March 17, 1852. 

Mr. Chapman moved to suspend the constitutional provision requir- 
ing the bill to be read by sections on three several days. 

Those who voted in the affirmative were. 



Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb,. 
Corbin, Culver, Davis, Downey, Dykes, Gifford, Hyatt, Jinkens,, 
Mason, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and 
Mr. President — 37. 

Those who voted in the negative were, 
Messrs. Barker and Moore — 2. 

So the constitutional provision was suspended. 

House bill No. 263. A bill to provide by law to prevent conduc- 
tors running railroad trains from obstructing any public highway or 
street to the hinderance of travel, and prescribing penalties therefor,. 

Mr. Chapman moved to suspend the constitutional provision requir- 
ing the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley^ 



519 

Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, 
■Gorbin, Cullen, Culver, Davis, Downey, Dykes, Gilford, Hyatt, Jin- 
kens, Mason, Milliken, Newlin, Niles, Noyes, Oyler, Reagan, Rich- 
aiond, Staggs, Terry, Thompson, Van Buskirk, Vawter, War^x, Wright 
and Mr. President — 37. 

Those who voted in the negative were, 

Messrs. Barker and Moore — 2. 

So the constitutional provision was suspended. 

House bill No. 276. A bill to authorize County Auditors to issue 
fee bills for the collection of costs accrued before County Commis- 
sioners. 

Mr. Chapman moved to suspend the constitutional provision requir- 
ing the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonhara, Bowman, Bradley, 
Brown of Hamilton, Carson, Cason, Chapman, Cobb, Corbin, Cullen, 
Culver, Davis, Downey, Dykes, Gifford, Hyatt, Jinkens, Mason, Mil- 
liken, Newlin, Niles, Noyes, Oyler, Reagan, Richmond; Staggs, Terry. 
Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. President 
—37. 

Those who voted in the negative were, 

Messrs. Barker and Moore — 2. 

So the constitutional provision was suspended. 

House bill No. 328. An act making specific appropriations for 
the years 1859, 1861, 1863, 1865 and 1866. 

Mr. Chapman moved to suspend the constitutional provision requir- 
ing the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Carson, Cason, Chapman, Cobb, Corbin, Cullen, 
Culver, Davis, Downey, Dykes, Gifford, Hyatt, Jinkens, Mason, Mil- 



520 

liken, Newlin, Niles, Noyes, Oyler, Eeagan, Richmond, Staggp, Terry, 
Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. President 
—37. ■ . . > , 

Those who voted in the negative were, ', . 

Messrs. Barker and Moore — 2. 

So the constitutional provision was suspended. 

House bill No. 329. An act making general appropriation for the 
year 1866, repealing certain sections of an act therein named and 
declaring an emergency. ; . 

Mr. Chapman moved to suspend the Constitutional provision, re- 
quiring the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Cason, Carson, Chapman, Cobb, Corbin, Culver, 
Cullen, Davis, Downey, Dykes, Giflford, Hyatt, Jenkins, Mason, Mil- 
liken, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, 
Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. President 
-37. 

Those who voted in the negative were, 

Messrs. Barker and Moore — 2. '(^ V 

So the Constitutional provision was suspended. 

The Foregoing bills were severally read a first time by title. 

HOUSE BILLS ON SECOND READING. 

House bill No. 207. 

Mr. Chapman moved to suspend the Constitutional provision re- 
quiring the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen, 
Culver, Davis, Downey, Dykes, Gifford, Hyatt, Mason, Milliken, 



^ 521 

Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. 
President — 35. 

Those who voted in the negative were, 

Messrs. Barker and Corbin — 2. 

So the Constitutional provision was suspended. 

On motion, House bill No. 207 was referred to the Committee on 

Corporations. 

House bill No. 211. 

Mr. Chapman moved to suspend the Constiutional provision, re- 
quiring the bill to be read by sections on three several days. 

** Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb. Cullen, 
Culver, Davis, Downey, Dykes, Giffbrd, Hyatt, Mason, Milliken, 
Moore, Newlin, Niles, Noyes, <)yler, Reagan, Richmond, Staggs, 
Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr, 
President — 35, 

Those who voted in the negative were, 

Messrs. Barker and Corbin — 2. 

So the Constitutional provision was suspended. 

On motion. House bill No. 211 was referred to the Judiciary Com- 
mittee. 

House bill No. 231. 

Mr. Chapman moved to suspend the Constitutional provision re- 
quiring the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen, 
i Culver, Davis, Downey Gilford, Hyatt, Mason, Milliken, Moore, 
Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, 
Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. President 
;— 35. 



522 • 

Those who voted in the negative were, 

Messrs. Barker and Corbin — 2. 

So the Constitutional provision was suspended. 

On motion, House bill No. 234 was referred to the Committee oa I 
County and Township Business. '.' '< 

House bill No. 238. 

Mr. Chapman moved to suspend the Constitutional provision j 
requiring the bill to be read by sections on three several days. i 

Those who voted in the aflBrmative were, 

I 
Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown of I 

Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen, i 

-Culver, Davis, Downey, Dykes, Giifard, Hyatt, Mason, Milliken,j 

Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Stagga,} 

Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. ' 

President — 35. 

Those who voted in the negative were, j 

Messrs. Barker and Corbin — 2. i 

. So the Constitutional provision was suspended. i 

I 
On motion House bill 238 was referred to the Judiciary Committee. ■ 

House bill No. 240. ' 

Mr. Chapman moved to suspend the Constitutional provision ■ 
requiring the bill to be read by sections on three several days. \ 

Those who voted in the affirmative were, j 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen, 
Culver, Davis, Downey, Dykes, Gilford, Hyatt, Mason, Miiliken, 
Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. 
President — 35. 

Those who voted in the negative were, 
Messrs. Barker and Corbin — 2. 
So the constitutional -provision was suspended. 



523 

On motion, House bill No. 240 was referred to the Committee on 
County and Township Business. 

Engrossed House bill No. 253. A bill to amend section 8 of an 
ant entitled, "an act to fix the time of holding the Common Pleas 
Court in the several counties in this State, the duration of the terras 
thereof, and making all process from the Common Pleas Courts 
returnable to such terms." 

' Mr. Chapman moved to suspend the constitutional provision requir- 
ing the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

• Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown of 
■Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen, 
Culver, Davis, Downey, Dykes, Gifford, Hyatt, Mason, Milliken, 
Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs,. 
Perry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. 
President — 35. 

Those who voted in the negative were, 
Messrs. Barker and Corbin — 2. 
So the constitutional provision was suspended. 

; House bill No. 255. 

il 
I. 

I Mr. Chapman moved to suspend the constitutional provision 

inquiring the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown of 
lamilton. Brown of Wells, Carson, Cason, Chapman, Cobb, Culieu>. 
'ulver, Davis, Downey, Dykes, Gifford, Hyatt, Mason, Milliken^ 
loore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs. 
'erry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr. 
^'resident — 35. 



524 

Those who voted in the negative were, 

Messrs. Barker and Corbin — 2. 

So the constitutional provision was suspended. , .,,, 

On motion, House bill No. 255 was referred to the Committee or 
Corporations. 

House bill No. 263. 

Mr. Chapman moved to suspend the constitutional provisioi 
requiring the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown o 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen 
Culver, Davis, Downey, Dykes, Gilford, Hyatt, Mason, Milliken 
Moore, Newlin, Niles, Noyes Oyler, Reagan, Richmond, Staggs 
Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr 
President — 35. 

Those who voted in the negative were, 

Messrs. Barker and Corbin — 2. 

So the constitutional provision was suspended. 

On motion, 

House bill No. 263 was referred to the Committee on Corporations 

House bill No. 276. 

Mr. Chapman moved to suspend the constitutional provisior 
requiring the bill to be read by sections on three several days. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown oi 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Cullen, 
Culver, Davis, Downey, Dykes, Gilford, Hyatt, Mason, Milliken. 
Moore Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, 
Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr, 
President — 35. P 



525 

'Those who voted in the negative were^ 

Messrs, Barker and Corbin — 2. 

So the constitutional provision was suspended. 

On motion, 
House bill No. 276 was referred to the Committee on Coanty andl 
Township Business. 

House bill No. 328. 

Mr, Chapman moved that the constitutional provision requiring: 
the bill to be read by sections on three several days be suspended. 

Those who voted in the affirmative were^ 

Messrs, Allison, Beeson, Bennett, Bonham, Bowman, Brown of 
Hamilton, Brown of Wella,. Carson, Cason, Chapman, Cobb, Cullen, 
Culver, Davis, Downey, Dykes, Gifford, Hyatt, Mason, Milliken, 
Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, StaggSy 
Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr, 
President-— 35,^ 

fK'. Those who voted in the negative were^ 

Messrs. Barker and Corbin — 2. 

So the constitutional, provision was suspended. 

On motion. 
House bill No. 328 was referred to the Committee on Finance. 

House bill No. 329, 

Mr, Chapman moved that the constitutional provision requiring: 
the bill to be read by sections on three several days be suspended. 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonbam, Bowman, Brown of 

I Hamilton, Brown of Wells, Cason, Chapman, Cobb, Cullen, Culver^ 

Davis, Downey, Dykes, Gifford, Hyatt, Mason, Milliken, MoorCy 

Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Terry, ThompsoB- 

^ Van Buskirk, Ward, Wright and Mr. President— 35, 



526 

Those who voted in the negative were^ 

Messrs. Barker and Corbin — 2. . 

So the constitutional provision was suspended^ 

On motion, 
House bill No. 329 was referred to the Committee on Finance. 

Mr. Gilford moved to suspend the rules and read Senate bill No,; 
317 a second time now. 

Those who voted in the aflSrmative were, 

Messrs. Allison, Barker, Beesoh, Bennett, Bonhara, BowmaUt, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb%' 
Corbin, Cullen, Culver, Davis, Downey, Dykes, Gilford, Hyatt, Mil-' 
liken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and' 
Mr, President— 36. 

None voting in the negative. 

So the rules were suspended. % 

Senate bill No. 817. Ati act to legalize bonds issued by Boards 
of County Commissioners to drafted men who entered into or pro" 
»jured [substitutes to enter the military service of the United States. 

Was read a second time, and. 

On motion, • 

Referred to the Committee on Finance* 

Mr. Cobb moved to take up Senate bills on their third reading. 
Which was agreed to. 

House bill No. 84. A bill to legalize the action of the Board of" 
County Commissioners of Vermillion county, and of the District and 
State Boards of Equalization, in adopting the appraisement of real 
estate of 1859 as the basis for the assessment of taxes for the year 
1804, and each year thereafter till a new appraisement shall be 
made. 

Was read a third time. . 

The question being, shall the bill pass ? , 



^ 527 

Those itho voted in the affirmative vrere, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 
Brown of Hamilton, Brown of Wells, Cason, Chapman, Cobb, Cor- 
bin, Cullen, Culver, Davis, Downey, Dykes, Gifford, Hyatt, Mason^ 
Mliiken, Moore, Newlin, Niles, Noyes, Oyler, Keagan, Richmond- 
Staggs, Terry, Thompson, Yawter, Ward, Wright and Mr. President 

None voting in the negative. 

So the bill passed. 

The question besng, shall the title of the bill stand as read? 
It was so ordered. 

Ordered^ That the Secreta:!'-y inform the House thereof. 

House bill No. 88. A bill authorizing certain corporations therein 
named to change their corporate names. 
Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass ? 

' Those who voted in the affirmative were, 

Messrs! Allison, Barker, Beeson, Bennett, Bonham, Bow^many 
Brown of Hamilton, Brown of Wells, Cason, Chapman, Cobb, Corbin^j 
Cullen, Culver, Dykes, Gifford, Hyatt, Mason, Miiliken, Moore, New- 
lin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs, Terry, Thomp- 
son, Van Buskirk, A^awter, Ward, Wright and Mr. President— ^34. 

None voting in the negative. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered, That the Secretary inform the Honse thereof. 

House bill No. 117. A bill to amend sections 39, 42, 45 and 54,- 
lof an act entitled " an act for the incorporation of Insurance Com-' 



528 

panics, Jefinin^ their powers, and prescribing their duties," approved 
June 17, 1852. 

Was read a third time. . . 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Bowman, J5rown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Corbin, 
Culver, Davis, Downey, Dykes, Gilford, Hyatt, Mason, Milliken. 
Newlin, Niles, Reagan, Terry, Thompson, Van Buskirk, Ward and 
Mr. President— 28. 

Those who voted in the negative were, 
Messrs. Barker, Moore, Noyes, Richmond, Staggs and Vawter— 6. 

So the bill passed. 

The question being, shall tlie title of the bill stand as read? 
It vt'as so ordered. 

Ordered., That the Secretary inform the House thereof. 

House bill No. 121. A bill to cure defective acknowledgments of. 
deeds in certain cases. 
Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, 1 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, \ 
Corbin, CuUen, Culver, Davis, Downey, Dykes, Gifford, Hyatt, Ma- 
son, Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Rich- 
raond, Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, 
Wright and Mr. President — 37. 

None voting in the negative. 

So the bill passed. 



529 

The question being, shall the title of the bill stand as read? 
It was so ordered by consent. 

Ordered^ That the Secretary inform the House thereof. 

Mr. Moore moved to take up House bill No. 123. 
Which was agreed to. 

Mr. Moore moved that the bill be informally passed. 
Which was agreed to. 

House bill No. 124. An act amending section thirty of an act 
regulating fees of officers, and repealing former acts in violation 
thereof, approved March 2, 1855. 

Was read a third time. 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bonhara, Bowman. 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb. 
Corbin, Culver, Davis, Dykes, Gilford, Hyatt, Mason, Milliken, New- 
lin, Niles, Noyes, Reagan, Richmond, Terry, Thompson, Van Bus- 
kirk, W^ard, Wright and Mr. President — 31. 

Those who voted in the negative were, 

Messrs. Downey, Moore, Staggs and Vawter — 4. 

So the bill passed. 

The question being, shall the title of the bill stand as read? 
It was so ordered. 

Ordered^ That the Secretary inform the House thereof. 

Mr. Cullen moved to take up House bill No. 186. 
Which was agreed to. 

On motion by Mr. Cullen, 
The bill was informally passed. 

House bill No. 187. An act authorizing and requiring the Com- 
missioners of the State Debt Sinking Fund to make settlement with 
Sinking Fund Commissioners, for $422,000 War Loan Bonds, pur- 
chased by Sinking Fund Commissioners with moneys belonging to the 
S, J.~34 



630 

Common School Fund; also, the sum of §165,000, moneys belonging 
to the Common School Fund, advanced by the Sinking Fund to pay 
interest on the State Debt; also, the sum of $33,536,09 Saline Fund, 
and $22,947 Bank Tax Fund; directing the transfer to the Common 
School Fund of the State of Indiana, of so much of the 2^ and 5 
per cent, certificates of the stocks of the State as will, at the price 
paid for the same, amount to the aggregate of the sums mentioned in 
this act; authorizing and directing the proper otficers of State to 
issue a Bontl of the State for the amount thereof, bearing 6 per cent, 
interest, payable semi-annually, and principal payable and redeem- 
able at the pleasure of the State; directing the Treasurer of State 
to pass to the credit of the General Fund the several amounts herein 
specified, and declaring that an emergency exists for the immediate 
taking efi'ect of this act. 
Was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

On motion, the bill was laid on the table. 

House bill No. 210. A bill to fix the time of holding ttie Court of 
(Joramon Pleas in the County of Grant, and repealing all laws in com- 
tlict therewith. 

Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, 
Corbin, Cullen, Culver, Davis, Downey, Dykes, Giftord, Hyatt, Mason, \ 
Milliken, Moore, Newlin Niles, Noyes, Oyler, Reagan, Richmond, 
Staggs, Terry, Thompson, Van Bnskirk, Vawter, Ward, Wright and 
Mr. President — 36. 

None voting in the negative. 

So the bill passed. • ^ 



531 

Tlie qii'estion being sliall the title of the bill stand as read. 
It was so ordered, 

'Ordered, That the Secretary inform the House thereof. 

House bill No. 25. An act to repeal an act entitled " an act to 
prohibit the evidence of Indians and persons having one eighth or 
more of negro blood in all cases where white persons are parties in 
interestj^approved February 14, 1853, and so much of all other laws, 
as render persons incompetent as witnesses on account of their color^ 

Was read a third time. 

(V The question being on the passage of the bill, 

■'i, Shall the bill pass. 

I 

f Those who voted in the affirmative were, 

Messrs-, Beeson, Bennett, Bonham, Brown of Hamilton, Cason, 
Chapman, Cullen Culver, Davis, Dykes, Hyatt, Milliken, Niles, Noyes, 
Oyler, Reagan, Richmond, Terry, Thompson, Ward, Wright and Mr. 
President- — 22. 

: Those who voted in the negative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Downey, Gilford^ Mason, Moore, Newlin, Staggs and Vawtei' 
—14. 

So the bill failed to pass for want of a constitutional majority. 

House bill No. 12G. A bill to amend section 5 of an act entitled 
^' an act to authorize the construction of levees and drains, approved 
June 12, 1852. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs, Barker, Beeso», Bennett, Bonham, Bowman, Brown of 
Hamilton, Bro?7n of Wells, Carson, Cason, Chapman, Cobb, Corbin, 
Cullen, Culver, Davis, Downey, Dykes, Oifford, Hyatt, Mason, Milli- 
ken, Moore, Newlin, Niles, Noyes, Oyler, Reagan^ Richmond, Staggs. 



5S2 

Terry, Thompson, Van Buskirk, Vawter, Ward, Wright and Mr, 
President — 36. 

None votincT in the negative, 

&0 the bill passed. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

House bill No. 41. A bill to legalize sales by guardians, under 
orders defective in not prescribing notice. 
Was read a third time. 

The question being on the passage of the bilL 

Shall th€ bill pass? 

Those who voted in the affirmative ^ere, 

Messrs. Beeson, Bennett, Botiham, Bowman Bro^n of Hamilton. 
Brown of Wells, Carson, Caaon, Chapman, Cullen, Culver, Davis, 
Downey, Dykes, GifFord, Hyatt, Mason, Milliken, Newlin, Niles™ 
Oyler, Keagan, Richmond, Stggs, Terry, Thompson, Vawter, Ward,. 
Wright and Mr. President—- 30, 

Those who voted in the negative ^rerc, 

Messrs. Barker, Bradley, Cobb, Corbm and Moore— >5-. 

So the bill passed. 

The question being shall the title stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the HoHse thereof. 

House bill No. 86. An act giving the consent of the State of In- 
diana to, and authorizing the digging or constructing of a ditch or 
canal, from the Little Calumet river to the Grand Calumet river^ 
both in Lake county in this State, and requiring the Attorney GeH- 



533 

-eral to defend such suits or actions at law, as may be brought 
against the parties who may be prosecuting said works. 
Was read a third time. 

The question being on the passage of the bill, 

Shall t1i« bill pass ? 

Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bowman, Bradley 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb 
Corbin, Cullen, Culver, Davis, Downey, Dykes, Gifford, Hyatt, Ma- 
son, Milliken, Moore, Newlin, Niles, Noyes, Oyler, Reagan, Rich- 
mond, Staggs, Terry, Thompson, Vawter, Ward, Wright and 'Mr. 
President — 30. 

None voting in the negative. 
•So the bill passed. 

The ques-tion being, skall the title of the bill stand as read. 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

House bill No. 196. A bill to extend the time allowed by the laTT 
for the eerapletion «f gravel roads for the term of one year, in eases 
■'!)herein specified. 

Was read a third time. 

The question being on tbe passage of the bill. 
Shall tke bill pass? 

Those who voted in the affirmative were, 

Messrs. Barker, Beeson, Bennett, Bonham, Bowman, Bradley, 
Brown of Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb., 
■Corbin, Cullen, Culver, Davis, Downey, Dykes, Gilford, Hyatt, Ma- 
,son, Milliken, Moore, Newlin, Noyes, Oyler, Reagan, Richmand. 
Staggs, Terry, Thompson, V^n Buskirk, Vawter, Ward, Wright and 
3Ir. President — 36. i 

None v>oting in the negative. 

.So tbe bill passed. 



534 

The question being, shall the title of the bill stand as read ? 
It waj so ordered. 

Ordered, That the Secretary inform the House theres^f. 

House bill No. 220. An act to amend the 14th section of an act 
entitled, an act to limit the number of Grand Jurors, and to point out 
the mode of their selection, defining their jurisdiction, and repealing 
all laws inconsistent therewith, so as to give the Grand Jury concur- 
rent jurisdiction with the courts of Common Pleas and Justices of the- 
Peace, of misdemeanors except in cases where the fine cacnot ex- 
ceed three dollars. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass r 

Those who voted in the affirmative were, 

Messrs. Bennett, Bonham, Carson, Cason. Chapman, Cobb, Corbin^ 
Culver, Davis, Downey, Dykes, Hyatt, Milliken, Newlin, Niles,, 
Oyler, Reagan, Richmond, Terry, Thompson, Ward and Mr. Presi- 
dent— 22. 

Those who voted in the negative were, 

Messrs. Barker, Beeson, Bowman, Bradley, Brown of Hamilton,. 
Brown of Wells, Cullen, Gifford, Mason, Moore, Noyes, Staggs,. 
Yawter and Wright — 14. 

So the bill failed to pass for want of a constitutional majority. 

House bill No. 231. A bill to protect lawful public notices and 
prescribing a penalty for injuries thereto. 
Was read a third time. 

The question being on the passage of the bill. 

Shall the bill pass. 

Those who vot«d in the affirmative were, 

Messrs. Beeson, Bennett, Bonham, Bowman, Bradley, Brown of 
Hamilton, Brown of Wells, Carson, Cason, Chapman, Cobb, Corbin, 
Cullen, Davis, Downey, Dykes, GifFord, Hyatt Mason, Milliken, 
Moore, Newlin, Niles, Noyes, Oyler, Reagan, Richmond, Staggs^ 
Terry, Thompson, Yawter, Ward, Wright and Mr. President — 34. 



535 

Those who voted in the negative were, 

Messrs. Barker and Oyler — 2. 

So the bill passed. '' 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

House bill No. 237. A bill to amend section 35 of "an act to 
provide for a general system of Common Schools, the officers thereof, 
and their respective powers and duties, and matters properly con- 
nected therewith, and prescribing the fees for certain officers therein 
named, and for the establishment and regulation of Township Librar- 
ies, and to repeal all laws inconsistent therewith, providing penalties 
therein prescribed, approved March 6th, 1865. 
On motion. 

It was laid on the ta.ble. 

On motion by Mr. Oyler, 
The Senate adjourned. 



WEDNESDAY MORNING, 9 o'clock, 
December 20, 1865. 
) The Senate met. 

On motion by Mr. Gilford, 
-.^ The reading of the Journal was dispensed with. 

Mr. Hord offered the following protest, which was ordered to be 
spread upon the record : 

Mil. President : 

The undersigned, members of the Senate, respectfully protest 
against the action of the Republican party of the Senate on Mon- 



536 

ilay, the lOtli of December, in the absence of all the Democratic 
members of this body, and while there was no quorum in the Senate 
to do business, in reconsidering the motion adopting Mr. Barker's 
resolution, which reads as follows, to-wit : " Be it resolved. That the 
Senate is opposed to taxing white men's property for the benefit of 
negro children," and referring the same to the Committee on Educa- 
tion. 

And, also, earnestly protest against the action of the Republican 
party at the same time, when all the Democratic members were 
;ibsent, and there was no quorum on this floor, in adopting the fol- 
lowing resolution, offered by the Senator from Howard, to-wit: 

" Jlesohu'd, That in the opinion of the Senate, the children of 
negroes of this State should be educated as the children of Demo- 
crats." 

The undersigned are opposed to the sentiment of said resolution, 
;\nd protest against its adoption by the Republican members of this 
Senate, under the circumstances by which the same was adopted, and 
request that this protest be spread upon the record. 

H. Corbin, Thomas R. Cobb, 

Thomas Gifford, Geo. S. Brown, of Wells, 

James H. Vawter, James Barker, 

D. D. VYilliaras, A. C. Downey, 
Francis T. Hord, A. J. Douglas, 

E. G. English, L. McClurg, 

A. Bradley, James L. Mason, 

A. Staggs, Geo. W. Moore, 

J. D. Marshall, L. W. Finch, 

H. Jinkens, Bayliss W. Flanna, 

J. A. Bowman, J. W. Newlin, 

Wm. W, Carson, B. S. Fuller. 

Mr. Thompson presented a petition praying for the passage of 
House bill No. 135. 

Which was laid on the table. 

The Doorkeeper (Dr. Thompson) presented a communication on 
the subject of the sofas that were taken from the East Lobby. 

Mr. Vawter moved to lay the communication on the table, and 
that it be not spead upon the Journal. 



I 537 

Messrs. Williams and Bennett demanded the ayes and noes. 

Those who voted in the afifirmative were, 

Messrs. Allison, Barker, Beeson, Bennett, Bradley, Brown of Ilam- 
ilton, Carson, Chapman, Cobb, Cullen, Davis, Douglas, Downey, 
Dykes, English, Finch, Fuller, Gifford, Hyatt, Jinkens, Marshall, 
McClurg, Milliken, Niles, Noyes, Oyler, Reagan, Staggs, Terry, 
Thompson, Yawter, Ward, Williams, Wright and Mr. President — 33. 

Those who voted in the negative were, 

Messrs. Bonham, Corbin, Hord, Moore and Newlin — 5. 

So the communication was ordered not to be spread upon the Jour- 
nal, and to lie on the table. 

Mr. Cullen introduced the following resolution upon the subject of 
the communication. 

Resolved, That Rev. David Stevenson be requested to publish the 
inuendo against the soldiers of Indiana, contained in his statement 
to Dr. Thompson, concerning the sofas belonging to the Senate 
Chamber, upon the fly leaf of his book, entitled "The Roll of Honor," 
as a recommendation of said book to the soldiers. 

Mr. Chapman moved to lay the resolution on the table. 

Messrs, Cullen and Thompson, demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, 
Corbin, Douglas, Downey, English, Finch, Fuller, Gifford, Hord, 
Jinkens, Marshall, McClurg, Moore, Staggs, Vawter, Williams and 
Wright— 21. 

..' Those who voted in the negative were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Chapman, Cullen, Davis, Dykes, Hyatt, Newlin, Noyes, Oyler, Rea- 
gan, Richmond, Terry, Thompson, Ward, Woods and Mr. Presi- 
dent— 20. 

So the resolution was laid on the table. 



538 

Mr. Chapman asked and obtained leave of absence for a few 
moments for the members of the Finance Committeee. ' 

The special order being Mr. Bennett's resolution on the execution 
of Mr. Jeflerson Davis. 

Mr. Brown, of Wells, moved to postpone the resolution till 2 o'clock . 
to-morrow. ; 

Which was agreed to. 

Mr. Bonham, from the Committee on Claims, made the following ' 
report. 



Mr. President : 

The Committee on Claims, to whom was referred the claim of 
Merrill & Co., for stationery amounting to §3 1 5.60 cts. have had the 
same under censideration, and have directed me to report the same 
back to the Senate, and recommend that it be referred to the Com- 
mittee on Finance and allowed. 

Mr. President: 

The Committee on Claims, to whom was referred the report of the 
Auditor of State, of the claims allowed at former sessions of the 
Legislature which remain unpaid, have carefully examined the same, 
and find it correct, and all of said claims therein named, unpaid except 
two, each of which is marked "paid." We therefore recommend that 
the said claims be referred to the Committee on Finance, with the 
recommendation that they be incorporated in the specific appropria- 
tion bill for payment. 

Which report was concurred in. 

Mr. Hyatt, from the Committee on Corporations, made the follow- 
ing report : 

Mr. President : 

The Committee on Corporations, to whom was referred House bill 
No. 263, entitled "a bill to provide by law, to prevent conductors 
running railroad trains, from obstructing any public highway or street 
to the hinderance of travel, and perscribing penalties therein," hav- 
ing had the same under advisement, have instructed me to report the 



539 

same back to tlie Senate without amendment, and recommend its 
passage. 

Which report was concurred in. 

Mr. Vawter moved to read the bill a third time now. 
Which was agreed to. 

House bill No. 263 was read a third time. 

The question being on the passage of the bill, 

Shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Allison, Barker, Bonham, Brown of Hamilton, Brown of 
Wells, Cobb, Corbin, Cullen, Culver, Davis, Douglass, Downey, 
Djkes, English, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, Jin- 
kens, Marshall, McClurg, Mason, Milliken, Moore, Noyes, Oyler, 
Reagan, Richmond, Staggs, Terry, Thompson, Vawter, Wright and 
Mr. President— 36. 

Those who voted in the negative were, 

Messrs. Bennett, Bowman and Niles — 3. 
So the bill passed. 

The question being, shall the title of the bill staad as read? 

It was so ordered. 

Ordered, That the Secretary inform the House thereof. 

The follovfing message was received from the House, by Mr. Nixon,. 
their Clerk. 

Mr. President ; 

I am directed by the Speaker of the House of Representatives to 
inform the Senate that he has signed the following enrolled acts of 
the House of Representatives, to-wit : 

Enrolled act No. 67. An act to entitle attorneys to hold liens on 
judgments. 

Enrolled act No. 64. An act entitled, "an act to amend the 46th 
section of an act entitled, 'an act to revise, simplify and abridge the 



540 

5"ules, practice, pleadings and forms in civil cases in the courts of 
this State, to abolish distinct forms of action at law, and to provide 
for the administration of justice in a uniform mode of pleading and 
practice, without distinction between law and equity,' " approved 
June 18, 1852. 

Enrolled act No. 62. An act empowering incorporated cities and 
incorporated towns, to plant and maintain shade trees along th«^ 
streets, alleys, public squares and commons thereof, and to provide 
for the protection of the same at the expense of the adjoining prop- 
erty holders. 

Enrolled act No. 119. An act to create a State Normal School^ 
and declaring an emergency, and the President of the Senate is 
respectfully requested to sign the same. 

I am directed to inform the Senate that the House has passed, 
vrithout amendment, the following Engrossed bill of the Senate, 
to-wit : 

Engrossed Senate bill No. 314. A bill to authorize the board of 
Sinking Fund Commissioners, to invest any moneys belonging to 
said fund, in the Indiana State Bonds or Stocks ; and when invested 
in Indiana State Bonds or Stocks, to provide for the cancellation of 
such bonds or stocks ; and for the issuing of new non-negotiable 
bonds, for the benefit of the School Fund. 

Mr. Bonham from the Committee on Claims, made the following 
report : 

Mr. President : 

The Committee on Banks, to whom was referred Engrossed House 
bill No. 189, entitled, "a bill to amend section 52, of an act entitled, 
'an act to authorize and regulate the business of general banking, &c., 
have had the same under consideration, and have directed me to 
report the same back to the Senate without any amendment, and 
recommend its passage.' " 

Engrossed House bill No. 283. A bill to provide by law, to pre- 
vent conductors running railroad trains, from obstructing any public 
highway or street to €ke hindrance of travel, and prescribing penal- 
ties therefor. 

Which report was concurred in. 



541 

Engrossed House bill No. 189- A bill to amend section 52^ of an 
act entitled, "an act to amend an act to authorize and regulate the 
business of general banking, passed the House and Senate of the 
General Assembly ; the Governor's objection thereto, notwith- 
standing, on the 3d day of March, 1855. 

Was read a third time. 

The question being on the passage of the bill, 
Shall the bill pass? 

Those who voted in the affirmative were^ 

Messrs. Allison, Barker, Bennett, Bonham, Brown of Hamilton^ 
Brown of Wells, Cason, Cobb, Cullen, Downey, Dykes, English, 
Finch, Fuller, Gilford, Hanna, Hord, Hyatt, Jinkens, MarshalL 
McClufg, Mason, Milliken, Newlin, Niles, Oyler, Reagan, Richmond^ 
Terry, Thompson, Vawter, Ward, Williams, Woods, Wright antl 
Mr. President— 37. 

Those who voted in the negative wer6i 

/ - 

Messrs. Douglas and Staggs— -2. 

So the bill passed. 

The question being, shall the title of the bill stand as readV 
it was so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Williams offerred the following resolution t 

Resolved^ That the Principal Secretary of the Senate be allowed 
$3 per day of extra pay for the present session, and that this 
resolution be referred to the Committee on Finance, with instructions 
to incorporate such allowance in the specific appropriation bill. 

Which resolution was adopted. 

Mr. Hord moved to make House bill No, 123 the special order for 
2 o'clock this day. 
Which was agreed to, 

I Mr. Bennett moved to take up House Mil No. 270, 



542 

^he Senate then concurred in the amendment proposed by the 
House. 1 

Mr. Oyler from the Committee on the Organization of Courts^ ^ 
inade the following report : A 

Mr. President : 

The Ccramittee on the Organization of Courts to whom was 

referred House bill No 233, entitled, bill to amend the eighth section j 

■of an act entitled "an act to fix the time of holding the Common < 

Please Courts in the several counties in this State, the duration of j 

the terms thereof, and making all process from the present Common i 

Pleas Courts returnable to such terms, and declaring when the same j 

shall take effect, and repealing all laws inconsistant therewith,'' i 

approved March 5, 1859. and which eighth section was amended and j 

approved March 11, 1861, have had the same under consideration^ j 

and have instructed me to report the same back to the Senate with* | 

out amendment and recommend its passage. | 

y/hich report wag concurred in. 

House bill No. 263 v/as read a third time. 

The question being on the passage of the bill, | 

Shall the bill pass. 

Those who voted in the affirmative were, i 

I 

Messrs. Allison^ Barker, Bennett, Bowman, Brown of Hamilton^ ; 

Srown of Wells, Cobb, Cullen, Culver, Davis, Doilglas, Downeji, 

Dykes, English, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, Jinkens, i 

Marshall^ McOlurg, Mason, Milliken, Moore, Oyler, Reagan, Bich- 

mond, Staggs, Thompson, Ward, Woods, Wright and Mr. President 

'^-35. '^ ' 

None voting in the negative. 

So the bill passed. 

The question being shall the title of the bill stand as read? 
It Avas so ordered. 

Ordered, That the Secretary inform the House thereof. 

Mr. Brown of Wells moved to take up House bill Ko. 254- 
Which